P.npy ?\ 



LIBRARY OF CONGRESS, 



;^ 

ChapXSfL.. Copyright No ' 

Shelf__,13>JL. 

UNITED STATES OF AMERICA. 



7 

A MANUAL 



BOARDS OF HEALTH 



HEALTH OFFICERS. 




BY 



Ukf*«'^ fc 



LEWIS BALCH, M. D., Ph. D., 

II 

sbcbetart state board op health of new york j health officer of 

Albany; emeritus professor of anatomy and professor 

of medical jurisprudence, albany 

medical college. 

^ ^ c **v v , v '.,\ 



i ji 



y/^# 



BANKS AND BROTHERS. 

ALBANY, N. T. HEW YOKE. 

1896. 



ft* 



<*<$ 



\- 



COPYRIGHTED BY 

Banks and Brothers, 
1893. 



COPYRIGHTED BY 

Banks and Brothers, 
1896. 



0^- 



PEEFAGE. 



In presenting this manual for health boards and health 
officers in the State of New York, but one object has 
been kept in view — the putting in the hands of those 
officials of a short, compact guide to follow in the dis- 
charge of their duties. Literary merit has not been 
sought, nor has a long disquisition been written on the 
advantages or needs of public health work. Eeiteration 
is frequent and purposely so, constant repetition fix- 
ing the subject on the reader's mind. The manual 
is not written as a legal work or as an exposition of 
decisions rendered by the courts on health matters. 
Neither is it intended as instructing in hygiene. It is 
simply a practical statement of the duties of health 
authorities and how they may be done as required by 
the public health law of this State. It is the result of 
practical experience both as a local health officer and as 
secretary of the State Board, and much that is said has 
already many times been written in answer to inquiries. 
It refers to legal cases where the subjects treated have 
been reviewed, but this is merely to show that the text 
is sustained by authority. 



4 Preface. 

The rules and regulations, forms and circulars iu the 
last chapter are familiar to most boards of health. Those 
issued by the State Board of Health are so designated. 
The others are suggestions for forms that may be used 
to advantage and which are in accordance with the pro- 
visions of the law and the modes of procedure. The 
publication of this manual has' been asked for by many, 
and it is hoped it will meet with approval and be an aid 
to those engaged in the public health service. 

LEWIS BALCH. 

Albany, N. Y., June, 1893. 



A MANUAL 



BOARDS OF HEALTH 



HEALTH OFFICERS. 



CHAPTER I. 

THE STATE BOARD OF HEALTH, ITS POWERS AND DUTIES. 

Section 1. When created. How composed. 

2. Supervision over local boards; exceptions; specific 

duties. 

3. To formulate method of general system of registra- 

tion of vital statistics. Power to take charge of. 

4. Power to examine nuisances. 

5. Water escaping from canals; power of state board 

over. 

6. State buildings and grounds open to inspection. 

Jurisdiction over lands taken by the state for 
sanitary purposes. 

7. Power to appoint health officers where no board is 

formed. 

8. Adulteration of food and drugs. 

9. Tuberculosis in cattle. 

10. Glanders in horses. 

11. Power to make rules for water supplies. 

12. The Wallkill creek and Susquehanna river. 

13. To publish form of blank for reports of institutions 

caring for children. 

14. Miscellaneous. 

Section 1. When created. How composed. — 

In 1880 the legislature created, by the enactment of 



6 A Manual for 

chapter 322 of the Laws of that year, a board of health 
for the state, giving to it certain general powers over 
matters of interest to life, and others relating to local 
boards enabling it to guide and aid them in their work 
of caring for the public health. The board is com- 
posed of nine members appointed under the provi- 
sions of that law and contiuued under the new one, 
known as the Public Health Law, chapter 25 of the 
General Laws, or chapter 661 of the Laws of 1893, 
which is a codification of all former legislation upon 
matters pertaining to health. As thus constituted, 
the board organizes by electing a president from its 
members (sec. 3, art. I of the Public Health Law), 
and a secretary, who shall be a person of experience 
in sanitary affairs, and who is the executive officer 
of the board. Like other boards of similar nature, it 
can enact by-laws for the transaction of business, ap- 
point committees and exercise other like functions. 

§ 2. Supervision over local boards ; exceptions ; 
specific duty. — It is given supervision over all local 
boards of health in the state, excepting those of five 
cities, New York, Brooklyn, Yonkers, Albany and 
Buffalo, these being exempt, but required by the law to 
report cases of small-pox, typhus and yellow fever and 
cholera, and the facts relating thereto, in order that the 
state board may duly notify other places to insure pro- 
tection from contagion. (Sees. 24 and 32, art II.) 
The board is created for a specific object, viz., " to take 
cognizance of interests of life and health of the people 
of the state, and of all matters pertaining thereto/' 
To do this it has the power to inquire into the cause of 
disease, to investigate any locality, to summon people 
before it to testify under oath to what they may know 
of the subject being investigated, issuing subpoenas to 



Boards of Health. 7 

compel their attendance. In order to facilitate an 
examination, its members or employees have free 
entry into every place where it is thought necessary 
to go in pursuit of the causes of the examination, 
and all persons are forbid hindering such entry. The 
zeal of local boards in protecting their municipali- 
ties against disease may carry them too far, and a reso- 
lution or order made by them may extend beyond the 
limits of their municipality without intentional excess 
of jurisdiction, and in such case the state board can 
reverse or modify such order in its discretion. (Sec. 4.) 
§ 3. To formulate method of general system of 
registration of vital statistics. Power to take 
charge of. — The general system of registration of vital 
statistics is given in charge of the state board. The im- 
portance and value of these records increases yearly, and 
every effort is made by the board to perfect their collec- 
tion and registration. To this end the forms and 
methods of the work are formulated by the board (sec. 5), 
and it requires all local boards to follow such regulations 
as it makes on this subject and to forward every month 
the certificates received for the month preceding. If a 
local board fails in compliance with these regulations, 
the state board may, upon dae notice of thirty days to 
the local board at fault, assume charge of this branch 
of public health service in that municipality and enforce 
the rules at the expense of the place, this control to last 
until the board is satisfied local authorities will do their 
duty. To the end that the system of vital statistic 
registration shall be uniform and effective, the board has 
prepared blank forms for the returns of births, deaths 
and marriages, which local boards procure where they 
choose, it being insisted upon, however, that the size of the 
blank and the subject-matter be the same as the sample 



8 A Manual for 

furnished. And the absolute necessity of this regularity 
is easily understood, the state board having to file and 
keep the original certificates. If various sizes and shapes of 
form were allowed the filing of nearly one hundred and 
fifty thousand certificates a year would be double the work 
than where all are the same. Certified copies of these 
records, by the president or secretary of the board, are 
made presumptive evidence of the subject-matter and 
are constantly sought for. The board further prescribes 
the methods, forms and rules necessary for the transfer 
of dead bodies where the burial is to take place outside 
of the county in which death occurred, and the transit 
burial permits issued under these rules are accepted by 
other states into which the remains may be carried. 
Public carriers cannot receive a body for transportation 
unless it be accompanied by a proper transit permit 
issued by the local board of health having jurisdiction 
where the death took place and in accordance with the- 
forin prescribed by the state board. 

§ 4. Power to examine nuisances. — While, as 
will be seen further on, local boards are more particu- 
larly charged with the care of the public health in their 
municipalities, the state board has all the necessary 
powers to examine into nuisances or matters affecting 
life and health. (Sec. 6.) Where, however, this is done 
by the state board, acting as the board, any necessary 
measures to be taken must be by the local board under 
the direction of the state board, the local board having 
to obey all lawful directions given it by that of the state. 
(Sec. 25, art. II.) In addition to this and independent 
of local boards, the governor may direct the state board 
to investigate a matter of importance to health and re- 
port to him concerning it within the time mentioned in 
such order. In such case the board proceeds to examine 



Boards op Health. 9 

in the manner considered best to bring out all the facts 
necessary for full and complete understanding of the 
nuisance, and on which its recommendations are to be 
based when it reports to the governor. The board does 
not declare the matters to be nuisances, but reports and 
certifies that, in the judgment of the board, they are so, 
and the governor may so declare them and make an 
order for their abatement in accordance with the sugges- 
tions of the board, or he may make such other dispo- 
sition of the case as appears to him proper. If an order 
from the governor issues it is to the maintainers of the 
nuisance directing them to abate in the manner pre- 
scribed in it, and if the parties notified fail to obey 
the order, the governor may direct the county officers 
to abate in the manner set forth, and then the cost be- 
comes a charge upon the municipality where the nuisance 
is, to be recovered by the municipality by suit against 
the original maintainers of the nuisance. In such ex- 
aminations as these, either by or without an order of the 
governor, the board can ask members of local boards to 
serve with it and aid in determining its decision, but 
such representatives shall not have power to vote upon 
that decision. The board also can employ experts for 
this work, or any other it may consider an expert should 
investigate. (Sec. 8.) 

§ 5. Water escaping from canals ; power of 
state board over. — Water escaping from any canal 
belonging to the state, and creating a nuisance by 
causing disease may be, upon complaint being received, 
examined and ordered abated by the state board with- 
out appeal either to the governor or calling upon the local 
health authorities. (Sec. 7.) But before such action can 
be taken by the board, the leaking of this water must 
2 



10 A Manual for 

have caused sickness, and a physician will have to make 
affidavit to that fact; the affidavit setting forth the 
character and amount of sickness, so far as it is within 
his knowledge. The original complaint is the affidavits 
of three citizens, which show the same, as far as they 
may be cognizant thereof. If, upon examination by 
the board, the allegations are sustained, the board re- 
ports the fact to the superintendent of public works, 
who causes the trouble to be relieved without delay. 

§ 6. State buildings and grounds open to in- 
spection. Jurisdiction over lands taken by the 
state for sanitary purposes. — All state buildings or 
grounds as well as any maps or plans relating thereto, 
are always open to the inspection of the state board 
(sec. 9), and in section 10 a very important addition 
has been made to the law. Here power is given to the 
commissioners of the land office to acquire land for 
sanitary or quarantine purposes if such lands are certi- 
fied to be necessary by the state board or the health 
officer of the port of New York, and over lands thus 
taken by the state, the state board has exclusive sanitary 
jurisdiction. (Sec. 4.) This relieves local boards from 
all responsibility if within the limits of such state prop- 
erty any nuisance of danger to the public health is 
maintained or arises from the use of the property, 
placing this responsibility on the state board and by 
implication holding it liable if by neglect the public 
health suffers. Experience has proved the necessity of 
the introduction of these provisions in the law. The 
duty of protecting the people from invasion of disease 
is one admitting of no dalliance or interference, and 
while local boards are properly to care for local interests, 
which in turn may be common to the whole state, it is 
but right the state, by its particular board, should care 



Boards of Health. 11 

for all matters of a sanitary nature in places where it 
exercises its jurisdiction. 

§ 7. Power to appoint health officer where no 
board is formed. — In line with this advance in the 
new Public Health Law is another of equal importance. 
Where, from any cause whatever, the municipal corpora- 
tion has failed to appoint the health authorities as pro- 
vided for in article II, the state board may, in such place, 
exercise all the power given a local board and appoint 
a health officer whose salary, together with the expenses 
incurred by the state board, shall be paid by the muni- 
cipality in question. (Sec. 11.) This power of the state 
board lasts only, however, as long as the municipal 
authorities fail in their duty under the law. As soon 
as they comply with its provisions, the powers of the 
state board cease and it takes its proper place as an 
advisory board to the new one created. 

§8. Adulteration of food and drugs. — Under 
article III the state board is charged with the work of 
protecting the people from adulterations in food, drugs 
and beverages such as wine, spirits and malt liquors. 
The board appoints analytical chemists to make examina- 
tions (sec. 42), and also formulates rules and regulations 
for their guidance. These rules are to be filed in the 
office of the secretary of state and by him published in 
the Session Laws. Once in each year, the board is called 
on to examine the spirituous, fermented or malt liquors, 
causing samples to be furnished by all manufacturers, 
and if any are found to contain deleterious articles, the 
manufacturer is held as having violated the law and put 
an adulterated substance on the market. (Sec. 43.) 
Every person manufacturing or offering for sale any 
article of food or beverage covered, by the law, shall fur- 
nish a sample to the board's collectors upon being ten- 



12 A Manual for 

dered the ordinary price thereof, and refusal to do so 
subjects the person so refusing to a penalty of $100. 
(Sec. 44.) Violations of any of the provisions of this 
article are to be communicated to the district attorney 
of the county where the offense is committed and he is 
called upon to prosecute the offender. (Sec. 50.) 

§ 9. Tuberculosis in cattle. — Under article IV, the 
board is charged with a very important work. Tuber- 
culosis in cattle is now considered to be communicable 
to man, and so the board is empowered to arrange for ex- 
aminations of cattle suffering from this disease. (Sec. 60.) 
Whenever it is found, measures may be taken to sup- 
press it and to prevent its spread to other cattle. The 
board, to do this, appoints such inspectors to examine all 
cows in a given section as it considers necessary to carry 
into effect the rules and regulations made by it. (Sec. 61.) 
These rules at present are the following. It should be 
said they were formulated under the law passed in 1892, 
for this work, which has been incorporated in the law 
now under consideration : 

STATE BOARD OF HEALTH OF NEW YORK. 

RULES AND REGULATIONS FOR INSPECTORS, OWNERS OR 
KEEPERS, AND ALL OTHER PERSONS HAYING CHARGE 
OP CATTLE SUFFERING FROM TUBERCULOSIS OR OTHER 
INFECTIOUS AND CONTAGIOUS DISEASES. 

The state board of health, in pursuance of the pow- 
ers conferred on it by chapter 487 of the Laws of 1892, 
hereby makes and publishes the following rules and 
regulations for the guidance of all inspectors, or other 
persons employed by it in the inspection of milch cows, 
and other cattle, suffering from tuberculosis, or other in- 
fectious or contagious diseases, and for the guidance of 



Boards of Health. 13 

owners, keepers and all other persons having charge of 
cattle. 

RULES" AND REGULATIONS. 

1. Inspectors or others shall use all reasonable means 
to discover tuberculosis or other infectious or contagious 
diseases in cattle, and report in writing the result of 
their inspections, not less than once in each month and 
as much oftener as may be called for by the president 
or secretary of the board. 

2. All owners or keepers of cattle, and all persons 
having charge thereof, shall allow of such inspection 
and examination as the emjdoyees of this board shall 
consider necessary, upon said employee presenting his 
authority to so examine, and all orders made as to de- 
struction, isolation, disinfection, or other care of cattle 
suffering from infectious or contagious disease, or sus- 
pected of so being affected, shall be obeyed by all owners, 
keepers, or other persons having charge of such cattle. 

3. Should the inspectors or others employed by the 
state board of health find, upon examination, tuber- 
culosis or other contagious or infectious disease existing 
in cattle examined by them; they are to direct such 
quarantine, sequestration, or other measure of protect- 
ing the public health, or other cattle from the said 
diseases, as may in the case then under examination be 
considered by them best. Should the killing of one or 
more cattle so affected be, in the judgment of the in- 
spector, necessary for the protection of the public health 
or other cattle, the inspector, before directing such 
killing, shall first notify the president or secretary of 
the state board, reporting the reason why he considers 
such killing necessary, the name of the owner or owners, 
the place where said cattle are, and the number to be 
destroyed. The president or secretary shall then order 



14 A Manual for 

the killing, or such other measures as both or either of 
them may consider best. 

4. All owners, keepers of cattle, or other persons hav- 
ing charge thereof shall, for the purpose of proper 
examination thereof, if requested by the inspector of 
the state board to do so, place the animal to be exam- 
ined in stanchions, or such other place as may be pro- 
vided for their restraint, for the time necessary for such 
examination. 

5. To guard against the improper use or disposal of 
an animal or animals found to be, or suspected of, 
suffering from tuberculosis, or other contagious or 
infectious disease, the inspector may place on such ani- 
mal or animals a lock and chain, or other device for 
marking said animal or animals, and all owners, keepers 
of cattle, or other persons having charge thereof, are 
cautioned against removing said lock and chain or other 
device, without due permission in writing from an in- 
spector of this board. And the inspector, at the time 
of so marking an animal or animals, shall give in writ- 
ing a notice to the owner, keeper, or person in charge, 
said notice to set forth the description of said animal or 
animals, how marked, the reason for said marking, and 
a warning that the removal of said animal or animals, 
or the removing or effacing of said markings would be 
in violation of the provisions of chapter 487 of the Laws 
of 1892. And in case any owner, keeper, or person in 
charge of said animal or animals shall so remove or 
efface said markings, or remove or otherwise dispose of 
said animal or animals, the inspector shall report the 
same to the president or secretary of the state board of 
health, setting forth in said report all facts pertaining 
to the case. 



Boards of Health. 15 

6. When an animal is, or animals are killed by the 
order of the president or secretary of the board, upon 
the report of the inspector as provided for in rule 3, 
the inspector or other person in the employ of the board 
directing the killing, shall give a written certificate to 
the owner, keeper, or other person in charge of the ani- 
mal or animals so killed, to which he shall make affi- 
davit, said certificate setting forth a description of the 
animal, owner, place, when and where killed, and for 
what reasons. 

7. And it is further made the duty of said inspectors 
to give, in writing, to all owners, keepers of cattle or 
persons having charge thereof, or public carriers having 
charge of the transport of cattle, such directions and 
orders for the disinfection of premises, buildings, boats, 
railroad cars, stables and all other objects from or by 
which infection or contagion may take place or be con- 
veyed, and for the proper disposition of the hides and 
carcasses of such animal or animals as may be killed 
under and in accordance with these rules and regula- 
tions, and all objects which might convey infection or 
contagion. And it shall be the duty of all owners, 
keepers of, or other persons in charge of cattle, and of 
public carriers having the charge of the transport 
thereof, to obey all such directions and orders of the 
inspectors for the proper disinfection of all places and 
objects that may contain or convey infection or conta- 
gion, or the proper disposal of all hides, carcasses or 
objects requiring disposal for the protection of the pub- 
lic health, or other cattle. And the inspector shall, in 
his monthly report to the president or secretary of the 
state board of health, set forth in full what directions 
or orders he has given in the carrying out of the pro- 
visions of this rule. 



16 A Manual for 

Whenever the board, from the reports of the inspectors, 
considers that some cattle should be killed to prevent 
spread of the disease (sec. 62), the authority to kill is 
forwarded the inspector as required by rule 3, and he 
gives to the owner a sworn certificate of the killing, 
which is admitted in evidence of the claim. All claims 
for the animals so slaughtered are brought before the 
board of claims, it having exclusive jurisdiction to de- 
termine the value at the time of killing and of making 
awards therefor. (Sec. 63.) 

To refuse to obey or to violate any order of the state 
board relative to the suppression of tuberculosis in cattle 
renders the offender liable to a penalty of $100. 
(Sec. 64.) 

§ 10. Glanders in horses. — Glanders in horses is 
also to be guarded against by boards of health, but in 
this case local boards have to do the killing after ex- 
amination into the case according to rules prescribed by 
the state board. (Sec. 62.) Horses thus destroyed are 
paid for by the comptroller on the certificate of the 
board having jurisdiction, not to exceed in any case the 
sum of $50 for any one horse. (Sec. 63.) The board 
has published the following rules for local boards to 
follow in dealing with cases of glanders: 

RULES AND REGULATIONS 

OF THE STATE BOARD OF HEALTH FOR THE DESTRUCTION" 
OF ANIMALS AFFECTED WITH GLANDERS. 

Whereas, by section 62, of article IV, of chapter 25, 
of the General Laws, the Public Health Law, chapter 
661, of the Laws of 1893, local boards of health in this 
state are required to destroy animals found with the 
glanders within their jurisdiction, and the proceedings 
of said local boards in reference thereto are to be con- 



Boards of Health. 17 

trolled and directed by such rules and regulations as the 
state "board of health shall prescribe: 

Now, therefore, the said state board of health, by 
virtue of the power vested in it, has prescribed the fol- 
lowing rules and regulations to be observed by said local 
boards of health in carrying out the provisions of said 
Public Health Law, to-wit: 

1. A local board of health being notified of the ex- 
istence of said disease (glanders) must take proper means 
to determine the nature of the disease by employing a 
competent veterinary surgeon or other person or persons 
who, in their judgment, are competent to pronounce 
upon the nature of the suspected disease. 

2. Upon the written certification of said veterinary 
surgeon or other person or persons thus employed, said 
local board of health shall kill, or cause to be killed, any 
animal or animals having the glanders, and shall cause 
the carcasses of all animals so killed to be disinfected and 
buried forthwith, at least three feet below the surface 
of the ground, and shall further cause all stalls, stables, 
barns, sheds, halters, harnesses, blankets, buckets, meas- 
ures, mangers, racks, or other places or utensils which 
may have been exposed to the contagion of said disease 
to be thoroughly disinfected and cleaned. 

3. Local boards of health are hereby cautioned against 
too hasty judgment, and advised to use every precaution 
to insure a correct determination as to the nature of the 
disease. A record of all proceedings should be placed 
in writing and filed in the office of the board of health. 

4. Local boards must report all action taken to the 
state board of health. 

§ 11. Power to make rules for water supplies. — 
Article V confers powers on the state board to make 
3 



18 A Manual for 

examinations of potable water supplies and rules for 
their protection. (Sec. 70.) These rules when made 
are to be published once a week for six consecutive 
weeks in at least one newspaper in order that full pub- 
licity may be given to them, aud those affected thereby 
cannot claim want of knowledge of the rules. For viola- 
tion, a penalty can be fixed by the board not to exceed 
$200 for any one offense or refusal to obey. The party 
benefited pays for this publication, and evidences of it 
are filed with the county clerk. The person or board 
having charge of the water supply (sec. 71) may inspect 
the water-shed to see if the rules made are obeyed. If 
violations be found, whoever has charge of the water- 
works shall cause a copy of the rule violated to be 
served on the offender with an order to comply with the 
rule. If the offender fails to obey this notice, the state 
board is to be informed by the party having control 
of the water supply, and it in turn examines to deter- 
mine if the charge of violation is well founded. If the 
state board finds the complaint just, it orders the local 
board having jurisdiction to enforce the rules and regu- 
lations, and if the local board fails in ten days to do its 
duty, the complainants may bring an action in court 
against the offender for the recovery of the penalty im- 
posed, and an injunction to insure obedience to the rules 
in future. But while this can be done, other matters have 
to be taken into consideration before the parties having 
charge of the water plant can compel obedience to the 
rules or the abatement of some insauitary condition. If 
the discharge of the sewage from a village or hamlet (sec. 
72), or any other matter such as out-houses, barns, stables, 
pig-pens and the like, so drain as to pollute the water 
supply, the municipality or corporation owning the 
water supply have to pay all expenses attendant upon 



Boards of Health. 19 

the removal or change of these sources of contamination, 
and until they do that and reimburse the owners for any 
damage that may be done, the rules are inoperative as 
far as these particular violations are concerned. And 
no action can be maintained against them until the cor- 
poration or municipality has done its work in clearing 
up, paying costs and damage. The owners of the water 
supply are further required to maintain sewer systems 
or sewage disposal works where they may be necessary 
for its protection. The method of ultimate disposal of 
the sewage, or the plans of sewage disposal works must 
be approved by the state board before construction. 

§ 12. The Wallkill creek and Susquehanna 
river. — By special enactments (sees. 73 and 74) the 
Wallkill creek and Susquehanna river near Binghamton 
are protected from pollution. For violation of the first 
a penalty of $50 is provided, and for the second, 
one of $25; both penalties, when collected, accruing to 
the benefit of the county treasury. In the protection 
of the "Wallkill creek no mention is made of who is 
charged with seeing the law obeyed, but in case of the 
Susquehanna the local board of health having jurisdic- 
tion where the offense is committed is to examine into 
the offense, and if one be complained of, to see to its 
abatement. 

§ 13. To publish form of blank for reports of 
institutions caring for children. — In article XII, 
section 204, the state board has to publish the form 
on which reports are to be made to the local boards of 
health having jurisdiction, of the sanitary and hygienic 
condition of institutions for the care of the destitute and 
orphan children (except hospitals), the report being 
made by the physician in charge. This form is shown 
in the chapter on such subjects. 



20 A Manual for 

§ 14. Miscellaneous. — This rapid review of the 
work expected of the state board gives but little insight 
into the amount of labor performed by it. That is, 
however, hardly relevant to such a manual as this work 
is designed to be, but it is not out of place to say the state 
board stands somewhat in loco parentis to local boards 
to advise and aid them in their work of guarding the 
public health; to settle questions pertaining to nuisances; 
to the collection of vital statistics and many others that 
are but little thought of and not outlined in the law. 
In consultation with other state boards of health, it con- 
siders questions affecting the health of the country and 
arranges for interchange of information as to contagious 
diseases or other matters of general interest which may 
arise. It meets monthly and has laid before it all the 
work done since its last meeting, and at these meetings 
plans for the sewerage of villages, which have been sub- 
mitted under the provisions of chapter 375, Laws of 1889, 
are examined and passed upon. Committees are also 
appointed for investigations or any other work which the 
board may see fit to give them. Its work is steadily 
increasing and much effort is given to educating local 
authorities and the people to realize the importance of 
the public health service. 



Boards of Health. 21 



CHAPTER II. 

LOCAL BOARDS OP HEALTH, HOW CONSTRUCTED; POW- 
ERS AXD DUTIES. 

Section 15. The care of the public health a paramount duty. 

16. Boards of health, how formed; officers to be ap- 

pointed ; vacancies, how filled. 

17. Stated times for meeting. ' To meet if state board 

requires. 

18. Board prescribes duties of health officer and fixes 

his compensation. Health officer must be a phy- 
sician. 

19. Board has power to employ persons and fix their 

compensation. 

20. Power to make rules and regulations. Rules must 

be published. 

21. Board can impose penalties. 

22. In special cases order or rule does not have to be 

published. 

23. Board can issue subpoenas and administer oaths. 

Committee can hold hearing but not decide. 

24. Power to issue warrant. 

25. To make complete the registration of vital statistics. 

Boards purchase their own supplies. Copies of 
registered certificates presumptive evidence. 

26. Duties regarding contagious disease. 

27. Patients can be taken to hospital. 

28. Vaccine virus to be supplied by board. 

29. Contagious diseases in alms-houses. 

30. Board may make rules for water supply if it is within 

its jurisdiction. 

31. Complaints by inhabitants must be examined. 

Power to enter premises. 
• 32. Board can only act on nuisance of danger to health. 

33. Board orders abatement of nuisance. Expenses, 

how recovered. 

34. Special power over tenement-house work. 

35. Jurisdiction. Combined boards. 



22 A Manual for 

Section 36. Expenses of board, how paid. 

37. Power of board to do work necessary to protect 
public health, if municipality refuses to. 

§ 15. The care of the public health a paramount 
duty. — The care of the public health is paramount to 
all things, for unless a people are health) r they cannot 
perform labor and the state suffers. Therefore it is that 
in all communities laws affecting public health matters 
are of necessity more or less arbitrary, for many, without 
regard to consequences, will not observe hygienic or sani- 
tary rules and so endanger their neighbors as well as 
injure themselves, which latter is not of so much moment. 
The character of many immigrants now coming into the 
country is such as to be a constant menace to health, for 
the habits contracted in their own countries are not easily 
changed. Already the state has suffered from this class 
of immigrants, and their mode of living is one which 
tends rather to perpetuate than to kill the contagious 
germs. Against all, therefore, whether imported or 
of home production, the only protection is the strong 
hand of the law, the argumentum ad liominem hav- 
ing no weight whatever. With this knowledge and 
that of the absolute need of protection from all sources 
of disease, the legislature has from time to time passed 
laws governing health matters and conferring various 
powers upon boards or officials to act for the care 
and. protection of the public health. These differ- 
ent laws, in the session of 1893, were codified in one 
general act — the Public Health Law — and by it, in 
article II, power is given to local boards of health to 
guard their municipalities against disease and to compel 
all therein to live so they and their belongings do not 
constitute a menace to the health of their neighbors. 



Boards of Health. 23 

§ 16. Boards of health, how formed. Officers 
to be appointed. Vacancies, how filled. — In all 

cities of the state, villages and towns, boards of health 
are required by law to organize. In cities, except in 
New York, Brooklyn, Buffalo, Albany and Yonkers, 
which are exempt from the action of this law, a board 
of health is formed by the mayor as president ex officio, 
and six other members, one of whom shall be a physician, 
appointed by the common council on the nomination of 
the mayor. The term of office is three years, and the 
board is so nominated as to allow of two members going 
out of office yearly. (Art. II, sec. 20.) The board ap- 
points a physician for health officer and such other 
officers as it considers necessary. In a village the board 
is appointed by the trustees and consists of not less than 
three or more than seven members. The persons thus 
appointed cannot be at the same time trustees of the 
village, but should be citizens of full age, tax payers, 
and if the village welfare is a prominent interest with 
the trustees, men of high standing. These boards are 
only appointed for one year, and they, after organizing, 
appoint a health officer and registrar of vital statistics. 
For towns the board of health is composed of the super- 
visor, town clerk and justices of the peace, and added to 
them by themselves, a citizen of the town, of full age. 
This board of health also holds office for only one year, 
and is called upon to organize thirty days after the town 
election. At this meeting, the board having elected its 
president and secretary, elects a citizen member, appoints 
a town health officer and some one as registrar. If any 
vacancy occurs in any local board, if the proper authori- 
ties do not fill such vacancy within thirty days after its 
happening, then the county judge shall appoint a suit- 
able person for the unexpired term of the one making 



24 A Manual for 

the vacancy. These local health boards are not ones 
that can or cannot be organized at the pleasure of muni- 
cipal authorities. They are called for by statute and it 
is obligatory upon those charged with the duty of ap- 
pointing and those by law constituted members of health 
boards to fulfill the letter of the law and see to it that 
each city, village and town has its board duly and legally 
constituted. It is a duty those charged with cannot get 
away from and one that can be enforced if necessary. 
(Sec. 31.) 

§ 17. Stated times for meeting. To meet if 
state board requires. — Some stated time of meeting 
should be settled upon by each board. (Sec. 21.) As 
a general rule, once a month is as frequent as these 
regular meetings need be held. At them the reports of 
the health officers, which should be in writing, and of any 
committees or of inspectors, should be presented, and all 
orders and regulations formulated and adopted. The 
board should adopt some short by-laws for its own guid- 
ance in transacting the business it is called upon to do, 
as such by-laws will facilitate its work. Special meet- 
ings may be called at any time, and as often as necessary 
by the presiding officer of the board if he considers the 
protection of the public health demand such meetings. 
If in the presence of an epidemic, the board would 
probably meet much more frequently than in ordinary 
times. Such meetings would either be adjourned ones 
or special, as the case happened. In addition to these 
meetings, one shall be called if twenty-five residents, of 
full age, of the municipality, request such meeting, set- 
ting forth in the petition the necessity for it. The 
board meets also when required to do so by the state 
board or its president and secretary (sec. 25), and at 
such meeting the board must, if requested by the state 



Boards of Health. 25 

board, take definite action on any matter which the 
latter requires to be considered, and which is properly 
within the jurisdiction of the local board. 

§ 18. Board prescribes duties of the health 
officer, and fixes his compensation. Health 
officer must be a physician. — The board prescribes 
the powers and duties of the health officer it appoints, 
who is made by law the chief executive officer of the 
board, and fixes his compensation. The object of having 
the health officer the chief executive, and having him a 
physician, is obvious. He is the sanitary adviser of the 
board, his professional education fitting him for such a 
position, and when the board is not in session he is ex- 
pected to see its orders of general application carried 
out, and any special ones that may have been made; if 
the board has not directed otherwise. Being the chief 
executive officer makes him the one to enforce all orders 
of the board, even though he is not mentioned in the 
order or regulation as the one to enforce the rule, for he 
executes the board's will as its executive officer. The 
board fixes his compensation in such manner as it 
considers best, either by a certain salary, or by allowing 
so much per diem when engaged in his duties, or by 
paying some agreed on price for each piece of work per- 
formed. It is undoubtedly best to pay a certain salary 
as the health officer is always on duty, and not only at 
certain times or places. 

§ 19. Board has power to employ persons and 
fix their compensation.— The board may employ 
such other persons as shall be necessary to enable it to 
carry into effect its orders and regulations, and fix their 
compensation. Under the power thus given, the board 
can employ counsel, experts, inspectors, guards, watch- 
men, laborers or others that may be required, but it 
4 



26 A Manual for 

must always be borne in mind that such persons can 
only be employed when any or all are necessary for the 
board in its work of protecting the public health. If 
the board has no regular counsel and requires legal ad- 
vice and assistance in an action to enforce an order to 
abate a nuisance, this section gives the authority to em- 
ploy such counsel, and the same where, for example, an 
expert examination by a chemist or bacteriologist is 
needed of water used for drinking purposes which is 
suspected of causing disease. Or it may be necessarj 
to place guards or watchmen over a house quarantined 
for contagious disease, or to employ laborers to abate a 
nuisance which the board has ordered removed, and the 
maintainer failed or refused to obey the order. This, 
like other implied powers of health boards, is in accord- 
ance with the fundamental principle that wherever a 
general power to do a thing is given, every particular 
power necessary for doing it is included. 

§ 20. Power to make rules and regulations. 
Rules must be published.— Boards of health make 
and publish from time to time all such orders and reg- 
ulations as they shall consider necessary for the proper 
preservation of life and health, and the execution and 
enforcement of the Public Health Law in the muni- 
cipality. These rules are of general application, and 
are framed to meet all conditions that experience has 
shown may arise and affect the public health. They 
are published in such manner as to give them full pub- 
licity, that all may have a chance to familiarize them- 
selves with the orders of the board. This publicity may 
be by publication in one or more papers issued in the 
place, or in such that circulate amongst the inhabitants, 
even if not locally printed, or by placards posted in con- 
spicuous places, or in any way the board considers will 



Boards op Health. 27 

call most attention to them. From time to time they 
are to be thus published; and as local boards, other than 
those of cities, change every year, each new board com- 
ing in publishes once a year. The rules need not be 
changed from those of the preceding board; and unless 
some special object is to be gained, it is much better 
they should not be, people having become familiar with 
the ones in force; but the board, by resolution, adopts 
the rules, and thus makes them its own. It is sought, 
in the making of these general rules, to cover all cases 
upon which the board may be called to act. This saves 
the trouble of making special rules, but does not relieve 
the board from passing upon each case separately and 
upon its merits. The decision, however, may be under 
the general rule, in which case it is all the better than 
where special orders have to be made, for the otjense is 
not unique, and is one the offender should have known 
was against the published regulations of the board. 

§ 21. Board can impose penalties. — For violation 
of any of the provisions of any rule of general applica- 
tion the board can impose a penalty. It is distinctly 
stated in the law the board may " prescribe and impose 
penalties for violation or failure to comply with " its 
orders. Boards cannot fine. To fine is to imply the 
person imposing the fine has the power to collect the 
same, but a board of health is not given that power. It 
is authorized to impose a penalty, in no case to exceed 
$100, but it must collect this penalty in some court of 
competent jurisdiction. The defendant has, therefore, 
a further chance of showing cause why he should not be 
mulcted. If the court refuses to allow of the penalty 
being collected, it does not, in any way, relieve the de- 
fendant from the responsibility of obeying the order of 
the board to abate the nuisance which called forth the 



28 A Manual foe 

imposition of the penalty, for the board only sues in 
court to recover the penalty, not to adjudicate the 
question of the nuisance. In placing penalties in any 
rule, the board must state a fixed sum, not a sliding 
scale as " from $5 to $25/' but the fact that the penalty 
is $5 or $25, as the case may be. 

§ 22. In special cases order or rule does not 
have to be published. — In certain individual cases, 
however, not covered by the rules of general application, 
the board may make an order and under such order the 
case is decided. These do not have to be published, for 
no other like case may come before the board, and the 
order is not one concerning which the general public 
need charge its mind. The order being a special one, 
not published, the person to whom it is directed must 
have it served upon him, and if he cannot be found, it 
should be posted in some prominent place on the prem- 
ises to which it has reference. This rule should also be 
followed in orders made under the regulations of general 
application. 

§ 23. Board can issue subpoenas and administer 
oaths. Committees can hold hearing, but not 
decide. — In the course of its duties it may be necessary 
for a board to examine more deeply into a given case 
than usual, one where from conflicting statements no- 
thing short of examination under oath will clear up the 
matter and allow of the board coming to a just decision. 
To this end the board can issue subpoenas and examine 
witnesses with the same power as a justice of the peace, 
but no subpoena shall be served outside the jurisdiction 
of the board, and no witness can be examined on matters 
not related to the public health. If the whole board 
does not wish to sit and hear testimony, it may designate 
one or more of its members to act, and also appoint one 



Boards of Health. 29 

to issue the subpoena. If a committee be appointed to 
hold the hearing, the committee cannot decide the mat- 
ter of itself, but must report to the board and it, having 
considered and adopted the report, decides the question. 
The board cannot delegate its power to any of its mem- 
bers or any one else in any case where the law requires 
the board to pass upon the question. 

§ 24. Power to issue warrant. — When the board 
finds itself powerless to enforce an order, where the order 
requires the removal of some person, it may issue its 
warrant to any constable or policeman to remove the 
one obstructing, and, if necessary, a warrant to the sher- 
iff of the county whenever such extreme power is re- 
quired. The issuing of a warrant may be called for by a 
person who has been notified to abate a nuisance not 
only refusing to obey the order of the board, but pre- 
venting by violence, or a threatened violence, the entry 
upon his property of those authorized to enter by the 
board. Or in cases of a great epidemic it may be nec- 
essary to remove whole families to prevent the spread 
of contagion, and refusal to obey on their part may call 
for a warrant or the assistance of the sheriff. 

§ 25. To make complete the registration of 
vital statistics. Boards purchase their own 
supplies. Copies of registered certificates pre- 
sumptive evidence. — Boards of health are to make 
complete the registration of births, deaths and marriages 
within the municipality. (Sec. 22.) The state board 
prescribes the forms upon which the statistics are to be 
written, and all places must conform to the form thus 
prescribed. The state board does not issue these certifi- 
cates to local boards, each local board purchasing its own 
supplies, but even then the size of the blank and the 
subject-matter must be exactly as prescribed by the state 



30 A Manual for 

board, and it would be well also if the thickness of the 
paper could be uniform. It may seem strange to have 
this statement made, but when one thinks that nearly 
a hundred and fifty thousand of these certificates were 
received in the department of vital statistics of the state 
board for 1892, that all these have to be filed and so 
kept as to be easily produced, the necessity of absolute 
uniformity ceases to be a matter of surprise. The im- 
portance of these records is being slowly realized and 
boards of health should pay greater attention to educat- 
ing those whose duty it is to file with them these certifi- 
cates. In the rules of general application full and 
explicit statements should be made concerning these 
certificates, and the penalty, after warning delinquents, 
enforced. After these certificates are recorded in the 
local register, they are to be forwarded to the state board. 
The law requires every parent of a child born, the groom, 
officiating clergyman or magistrate at a marriage, shall 
cause a certificate of such birth or marriage to be re- 
turned within thirty days after the event to the local 
board of health, and that the birth record shall be at- 
tested by the physician or midwife in attendance, and 
the marriage record by the person performing the cere- 
mony. The cost of registration is not to exceed fifty 
cents for any one certificate. How this sum, if the 
whole of it is allowed, is to be expended, lies with the 
board. It can pay part to the person making the return 
and part to the registrar, or all to the registrar, or part 
of the full sum. The board is to make these records 
complete, and it is left to its discretion what method is 
best to secure the fullest returns. In cities where the 
registration is large, a salary is generally paid the regis- 
trar in place of fees. 

To bury or remove a body without having first ob- 



Boards of Health. 31 

tained a permit to do so is a misdemeanor. (Sec. 23.) 
Every death must have made out for it a certificate, 
signed by the physician last in attendance, the coroner 
if an inquest has been held, or the affidavit attached to 
it of some reputable person setting -forth the cause of 
death where neither doctor or coroner was in charge. 
This is required before a permit for burial or removal 
can be granted,, for the permit can only be granted upon 
the filing of a certificate of death. The board designates 
who of its members shall issue the burial permits and 
also prescribes the sanitary regulations for the interment 
of bodies. These are rules of general application and 
relate to the manner in which burials are to be con- 
ducted, the proper coffining of the body, whether the 
funeral may be in a church or shall be private and any 
other precautions considered necessary to protect the 
public from danger that may come from the corpse. 
While payment is arranged for (sec. 22) of a certain 
sum for the registration of any vital statistic record, no 
payment is provided for the issuance of a burial permit 
and nowhere does the law say a charge can be made for 
such permit. But it is distinctly stated it must be is- 
sued before a burial can take place and can only be so 
issued on the filing of a death certificate, therefore as 
the one is but part of the record required and is not 
complete or does not finish the matter it represents 
without the second part, the permit, the whole trans- 
action is one and it is paid for by the fee allowed by the 
board for the registration of the death certificate. 
Copies of any of the records shall be furnished to any 
person asking, and for the making of such copy a sum 
not to exceed the price paid for registering the certifi- 
cate may be charged, and if the copy be duly certified 
to, an extra fee of twenty-five cents may be required, 



32 A Manual fob 

for the certified copy is presumptive evidence of the 
facts stated therein. 

§ 26. Duties regarding contagious disease. — 
One of the most important duties of a local board is to 
guard against the introduction of contagious disease and 
to provide for its care and limitation if it develops in 
the municipality. (Sec. 24.) Much may be said on 
this subject, for it is one engaging attention always. 
A board is empowered to protect its municipality from 
the invasion of contagious disease from an infected place 
by the inspection of all persons and things arriving 
therefrom. This is quarantine power but it is not de- 
signed that should small-pox or some other contagious 
disease break out in one place in the state, every board 
of health through whose jurisdiction a train passes 
which came from the infected place should stop that 
train, fumigate it, hold all passengers under observation 
and disinfect all baggage. To do so would be an excess 
of zeal and an injury to the traveling public not justified 
by the circumstances. For a few cases of contagious 
disease in one place does not make it a plague spot or of 
such a menace to health that every article coming from 
there must undergo inspection after inspection. "The 
law is common sense " and common sense must be used 
in construing it. When persons and things come from 
an infected place, where exists an epidemic of a violent 
nature, where no precautions are taken to prevent 
the spread of contagion; then a local board would be 
justified in taking extreme measures and endeavoring to 
stop any substance, animate or inanimate, which might 
communicate he disease. But the next board, after the 
first had finished with the persons and things, may trust 
to the work of the first and pass the travelers as safe. 
Should a case of contagious disease come from an- 



Boaeds of Health. 33 

other place, the board must take such precautions as 
will prevent the spread and not only in its own town, 
but anywhere else. And so if persons move into the 
jurisdiction of a board and come from a place where 
sickness of a contagious nature exists, the board by its 
health officer or some other doctor appointed for the 
purpose examines to see if the people are healthy and if 
so, he allows them to settle, but, should the period in 
which the disease could probably show itself not have 
wholly elapsed, he should keep a sharp lookout on the 
new-comers to see that none came down with the sick- 
ness. 

§ 27. Patients can be taken to hospital. — Where 
the disease is highly contagious, if the board have a 
proper place to which the patient can be taken for isola- 
tion aud treatment, it has the right to take the patient 
to such place. Boards are required to furnish suitable 
places where contagious diseases are to be cared for. A 
board is to maintain a strict quarantine and prevent any 
intercourse that might endanger the public health. 
This is made the subject of one of the general rules. 
The board reports promptly to the state board all cases 
of contagious disease. 

§ 28. Vaccine virus to be supplied by board. — 
Vaccine virus is also furnished by the board, obtained 
from such source as shall be approved by the state board, 
and during an epidemic of small-pox the supply should 
be frequently renewed so as to have on hand while the 
epidemic lasts, fresh virus for immediate use. All pub- 
lic school children are required to be vaccinated. (Art. 
XII, sec. 200. ) The work of thus vaccinating them is put 
on the school trustees, but the board of health can call 
upon the trustees to carry out the law if they neglect it. 
The school trustees being empowered to employ a physi- 
5 



34 A Manual for 

cian to vaccinate the children (sec. 201), if they neg- 
lect the duty after having been notified by the board to 
comply with the law, the board can appoint the vaccina- 
tor and collect from the school trustees the cost of the 
work. 

§29. Contagious disease in alms-houses. — If 
contagious disease break out in any county alms-house, 
and it is likely to endanger the rest of the inmates, the 
superintendent of the poor may cause the patients to be 
conveyed to such place as is designated by the health 
board, for care and treatment. This must be the place 
designated by the board having jurisdiction where the 
alms-house is situated, but the cost of maintaining the 
patient is to be paid by the county. 

§ 30. Boards may make rules for water supply 
if it is within its jurisdiction. — The water supply of 
a city or village may become polluted by many causes 
and disease be traced to its use. The board, if the 
water-shed or the source from which the water is 
obtained is within its jurisdiction, can make such rules 
concerning it as will give protection from contamina- 
tion. To do this, however, the board must have the 
entire supply within its jurisdiction, for without such 
being the case, the rules would only be applicable to 
that portion within the municipality served by the board 
and the source of pollution could be entirely outside the 
corporate lines. In such case the board, finding the 
water supply a menace to health, could request the state 
board to make rules for its care under the provisions of 
Article V. 

§ 31. Complaints by inhabitants must be ex- 
amined. Power to enter premises.— Complaints of 
nuisances made by the inhabitants must be examined by 
boards of health. (!Sec. 25.) To so examine the board 



Boards of Health. 35 

has the power to enter upon, or by its members or 
employees designated to enter, any place and make all 
examinations necessary to determine the existence of a 
nuisance, and every one having any thing to do with 
the place examined must permit such entry. The result 
of the inspection is to be communicated in writing to 
the person responsible for the nuisance, owners, agents 
or occupants, and all of these parties have the right to 
a similar copy. 

§ 32. Board can only act on nuisance of danger 
to health. — The board orders the suppression or 
removal of every nuisance or condition detrimental to 
health, but confines itself strictly to matters of such 
character, as it has no authority to deal with other kinds 
of nuisances. Nor must the board seek to construe by 
far-fetched reasoning all nuisances of more or less dan- 
ger to health and therefore under its jurisdiction. This 
would be an excess of jurisdiction and render the work 
of the board useless. 

§ 33. Board orders abatement of nuisance. Ex- 
penses, how recovered. — The board having inspected 
a nuisance coming under its rules, serves a written 
notice to abate upon the maintainer. If no compliance 
is given by the offender, the board has the right (sec. 
26) to enter upon the premises and do such work there- 
on as will abate or remove the nuisance. The mode in 
which this stage of procedure is reached, will be treated 
of in the chapter devoted to such subjects, for the board 
must observe a certain course, otherwise its action will 
not be legal, and if the defendant appeal to the courts, 
the board will not be sustained. The expenses to which 
the board is put in thus abating a nuisance are to be 
paid by the maintainer and the board brings suit to 
recover. If judgment is satisfied, the sum recovered is 



36 A Manual for 

paid into the treasury of the municipality, for the ex- 
penses of the board in doing the work are submitted to 
the municipality and audited, collected and paid as 
other such charges are. If the amount is not recovera- 
ble from the person at fault, the board puts a lien upon 
the property (sec. 27) in the manner provided for and 
thus protects the municipality from loss. 

§ 34. Special power over tenement-housework. 
— Disease may be started in one place, and by means of 
clothes or other articles be carried to another, thereby 
causing a serious epidemic. To prevent this the board 
is given special oversight (sec. 28) of all places where the 
occupants engage in their trades in the places in which 
they live and eat. While the general powers of the 
board cover these places as they do every other, these 
were considered of sufficient importance to give specific 
power in dealing with this class of people. The section 
is so plain that it needs no explanation, for the procedure 
of the board is the same in abating nuisances or protect- 
ing from contagious diseases in these cases as in general 
ones. Should, however, contagious disease break out in 
such a tenement-house workshop, and the goods there 
manufactured are clothes or such like articles, the board 
can only fully protect by destroying the goods, woolen 
clothing being especially apt to retain diseased germs. 
Where tenement-houses are closely crowded, the health of- 
ficer should examine to see if the ventilation is fully suffi- 
cient. If it is not, he should, if the rules cover, direct 
the number of people that can occupy each room; but if 
the rules do not cover, he should report the matter to 
the board and suggest an order be made concerning the 
matter, citing the owner of the tenement before the 
board at the same time in order that he may have full 



Boards of Health. 37 

knowledge of the proceedings and be informed of what 
is necessary in the future conduct of his tenement. 

§ 35. Jurisdiction, combined boards. — The juris- 
diction of a local board is only in its municipality. 
(Sec. 29.) The city board has no authority outside the 
city limits, the village board outside its corporate line, 
or the town board outside of the town. The town board 
has no authority in a corporate village even though the 
entire village be within its jurisdiction. If the village 
has no organized board of health — and the village has to 
have one or the trustees are liable to punishment in not 
obeying the requirements of section 20 of article II — 
the state board can in such a municipality act as a local 
board. (Sec. 11.) But expense to municipalities may 
be greatly reduced and equally good protection to public 
health given by the combining of one or more boards in 
a sanitary and registration district under the written 
aj)proval of the state board. The number of the mem- 
bers of the town board is fixed by law. The village may 
not be less than three. Supposing a town and village 
desire to combine, the two boards meet together and 
organize by appointing a presiding officer and electing a 
registrar and health officer. Kules of general applica- 
tion for the whole district are adopted and ordered pub- 
lished. The persons who are to issue burial permits are 
designated ; the state board's permission is recorded and 
the combination is effected. In all matters pertaining 
to general application, the rules being common, the 
authority is derived from both boards ; but where it is a 
special case, the authority is given to the officers by the 
board having jurisdiction where the case is. 

§ 36. Expenses of board, how paid. — The ex- 
penses of the board (sec. 30), those incurred in the dis- 
charge of its duties under the law, are to be paid by the 



38 A Manual for 

municipality, the accounts being audited, collected and 
paid as other such accounts are in the particular locality. 
The question of these expenses is often a vexatious one. 
The compensation of the health officer, clerk or registrar 
is fixed by the board ; and also of any other employees 
the board may find necessary to help in caring for the 
public health. Their compensation is fixed by the board 
and consequently the payment of it is a matter of pass- 
ing through the form prescribed by the municipality for 
the auditing of such bills, for the amount, if the bill is 
a proper one, cannot be reduced by the auditing power ; 
the law giving the board the authority to fix the amounts. 
The auditing board, however, has the power to alter the 
amounts if they are unreasonable or excessive and the 
health board would then have rendered itself personally 
liable for the charges if it had personally assured the 
claimants the amounts would be paid. So all necessary 
expenses : — the purchase of office supplies, the publishing 
of the rules and regulations, the cost of printing notices, 
the legitimate expenses of members if they are put 
to any in performing their duties, the cost of abat- 
ing a nuisance; in short, all the expenses incurred 
by the board in the discharge of its important work 
are to be " audited, levied, collected and paid." How 
far can a board go in running up a bill of costs? 
This question can only be answered by the circumstances 
of the case. The board must protect the public health 
or be guilty of non-obedience of law, and to protect the 
public health oftentimes entails greater expense than 
any one at first anticipates. The board cannot hesitate. 
Like all other citizens the members pay their share of 
the taxes, and consequently, if their acts raise the rate, 
they suffer with others, but the board must do its duty 
regardless of cost. 



Boards of Health. 39 

§ 37. Power of board to do work necessary to 
protect public health, if municipality refuses to. — 

The question is often asked, what power the board has 
to remedy a condition considered by it to be dangerous 
to public health and for which the municipality is respon- 
sible rather than private parties. For instance, a sewer 
leaks and floods house cellars; sickness is caused and the 
health board appealed to. The board finds on examina- 
tion the facts of the complaint to be as stated and notifies 
the common council to abate the nuisance. The com- 
mon council refuses to obey or pay any attention to the 
order. The board can then — the city owning the street 
and not obeying the order of the board — make contracts 
for the work of laying a new sewer, if that is the only 
and proper way the nuisance can be abated. The expense 
must be borne by the city when the amount is submitted 
by the board. This will serve as an example of all 
similar cases. 



40 A Manual foe 

CHAPTER III. 

THE HEALTH OFFICER. 

SECTION 38. Board prescribes duty of health officer. Civil service 
examination required. Chief executive. 

39. Rules of board are the instructions of the health 

officer. 

40. Reports of contagious disease must be made. Dis- 

eases to be reported. 

41. Duty of health officer when contagious disease is 

reported. 

42. Board must supply medical attendance and care for 

contagious cases if patients are indigent. Con- 
tagious disease in hotels, boarding-houses and 
private families. 

43. Disinfection. Destruction of articles liable to hold 

contagion. 

44. Health officer must report contagious diseases to 

state board. 

45. Action of health officer upon a complaint. 

46. Health officer is always on duty. 

47. Health officer should report in writing. 

48. Health officer to visit institutions caring for children. 

49. Improper food articles fobidden sale. Health officers 

to seize. 

50. Miscellaneous. 

§ 38. Board prescribes duty of health officer. 
Civil service examination required. Chief execu- 
tive. — " Every such local board shall prescribe the 
power and duties of the local health officer, who shall be 
its chief executive officer, and direct him in the per- 
formance of his duties and fix his compensation." (Sec. 
21.) Boards are required to appoint competent physicians 
as health officers. (Sec. 20.) The office is not one either 
of great profit or emolument. It is one full of plenty 
of hard, disagreeable work, if the health officer dis- 



Boakds of Health. 41 

charges his duty. The selection of a health officer is 
not the smallest duty of the board if it fully intends to 
do its whole duty in protecting the public health. The 
responsibility which rests upon the board in this respect 
is large, for the decision of this, its medical mouthpiece, 
oftentimes involves grave questions, and consequently the 
choice of this officer should be made with care and full 
knowledge of what he may be called upon to do. A 
doctor having the confidence of the community and of 
his fellow practitioners in his medical ability, will be a 
far more efficient guardian of health interests than one 
lacking these. The health officer is a state officer, it 
having so been decided by the courts. When he is ap- 
pointed, the board should notify the civil service com- 
mission, who arrange for his examination as to his fit- 
ness for the office, which examination is non-competitive. 
Having once passed such an examination, he is eligible 
any time thereafter for the position of health officer, 
either in the place originally appointed or in any other 
in the state he may move to. 

§ 39. Rules of board are the* instructions of 
health officer. — The board's rules for protecting the 
public health are his general instructions, and as he is 
the chief executive of the board, he is the one to see its 
orders obeyed. Purposely the law requires him to be 
a physician, that as executive officer he may know, with- 
out having to turn to his books or to others to tell him, 
what things are of menace to health, what danger may 
come from this or that article exposed in a sick room 
where contagions disease exists, whether or not a given 
condition will cause disease. He has often to decide 
such questions at once in the board's name and in ac- 
cordance with its rules of general application. 
6 



42 A Manual for 

§ 40. Reports of contagious disease must be 
made. Diseases to be reported.— The rules require 
physicians and all others knowing of certain diseases in 
the municipality to report the same to the board or its 
health officer. The diseases thus called for are generally 
typhus, typhoid, scarlet and yellow fever, cholera, small- 
pox, chicken-pox, measles, diphtheria and membranous 
croup. At first sight, it may appear the reporting of 
some of these is superfluous, but a little study of the 
reason for including all will satisfy the most skeptical 
that full knowledge of the existence of any of them in 
the municipality is of moment to the public health. 
Typhoid fever, while not considered contagious, should 
call the health officer's attention to its cause. Is it an 
isolated case? Then perhaps it may have been contracted 
elsewhere, and due care of the discharges by the doctor 
and those in attendance will prevent its spread. If 
several cases are present or developing, some direct cause 
is at hand and the health officer's attention is first 
directed to the water supply. He, as health officer, 
should investigate the cause of the outbreak and re- 
porting to the board the result, measures may be taken 
that will be of permanent benefit to the health of the 
community. The presence of typhus fever, it being 
highly contagious, must be made known to the health 
authorities that rigid steps may be taken to prevent its 
spread ; and the same may be said of yellow fever, 
although the contingency of its making its appearance 
is but small. Cholera requires active work on the part 
of the board; small-pox also; and while chicken-pox 
and measles are of but small account in the rank of 
contagious diseases, the similarity they bear to small-pox 
in the earlier eruption is necessary to be borne in mind. 



Boards of Health. 43 

The health officer should know where such diseases 
are in his jurisdiction, so that if a mistake in diagnosis 
is followed by an outbreak of small-pox he may be in a 
position to examine localities where the other cases have 
been reported. And so with diphtheria and membranous 
croup, the former highly contagious, the latter not so, 
yet both having such a similarity of symptoms, that 
mistakes are often made as to the nature of a case, 
and danger to the public incurred where it might have 
been prevented had the health officer been notified of 
the cases and insisted on precautionary measures even if 
the patient appeared to him to be suffering from the non- 
contagious croup. Practically from a sanitary point of 
view these two diseases may well be considered identical. 
§ 41. Duty of health officer when contagious 
disease is reported. — And what is the health officer 
to do if such cases are reported to him ? The rules and 
regulations provide the method of quarantine. It is his 
duty to see these carried out. He should visit the case, 
not as a physician, but as a health officer; see that all 
proper and necessary precautions are taken to prevent 
the contagion spreading, explain to those in charge the 
rules of the board and the penalty for not obeying them. 
Of the treatment of the patient, unless it has been 
put under his professional charge by the family or the 
board, he has nothing to say. That is not his business 
as health officer; and if other doctors fear improper 
and unprofessional action on the part of the health offi- 
cer, the obtaining of reports will be much more diffi- 
cult, and the health officer who allows himself to inter- 
fere outside of his plain duty is not fit for the position 
he has been honored with. The quarantine established 
by the health officer under orders of the board, in all 
contagious diseases, is the measure of protection the 



44 A Manual for 

public receives. While having due regard for others 
and while rigidly fighting the spread of the contagion, 
consideration for the people thus afflicted must be had 
and the enforced sequestration made as easy as is com- 
patible with safety. When the case can be taken to a 
hospital designed for its care, then the protection to the 
public is greatly increased and the annoyance of quaran- 
tine lightened for those undergoing it. 

§ 42. Board must supply medical attendance 
and care for contagious cases if patients are in- 
digent. Contagious diseases in hotels, boarding- 
houses, and private families. — If patients are unable 
to procure medical attendance and care, and are suffer- 
ing from contagious disease, the board makes all neces- 
sary arrangements for the case, and the health officer 
becomes the medical attendant unless the board employs 
a physician for the specific purpose. In either case, the 
health officer has an oversight of all precautions against 
spread of the disease and must see the board's and his 
orders in this regard are strictly carried out. Should 
the case occur in a hotel or boarding-house, while the 
board can take charge of that part in which the patient 
is and strictly quarantine it — the sick person being too 
ill to be moved or there not being a suitable place to 
move him to — the health officer may advise all inmates, 
and he should do so, of the danger incurred by being 
near the case and should forbid any intercourse with that 
part of the house quarantined except such as he permits. 
And if the borders all leave, the health officer or the 
board cannot be held liable by the proprietor for the loss 
sustained by him in the emptying of his house, for the 
board has not ordered them away, but has merely pointed 
out the danger of their staying, and their leaving is an 
act of their own volition. If the case occurs in a private 



Boards of Health. 45 

house and the patieut is to be treated there, the family, 
other than those necessary to care for the sick, can be 
directed to leave, especially if it is necessary for their 
support that they carry on their usual avocations, but, 
the board or the health officer cannot take other cases of 
like nature, except it be a member of the same family, 
to the house for treatment. 

§43. Disinfection. Destruction of articles liable 
to hold contagion. — The health officer must see that 
thorough purification of all places and things exposed 
to contagious disease is made before allowing them to 
be used in the ordinary manner. The health officer 
decides what substances will require destruction, as his 
medical knowledge is for that purpose, and he causes to 
be removed all articles that cannot be so disinfected as 
to be perfectly safe, and has them destroyed. This he 
does under the authority of the board, for he cannot act 
unless by their orders, but as its executive he does not 
need to call the board together to receive specific direc- 
tions in each case, the general rules governing such mat- 
ters being his guide. For articles destroyed the board 
makes restitution, as they are so destroyed for the pro- 
tection of the public health, and the public should, 
therefore, pay for them. To delay until the matter can 
be settled in court as to the value of such articles, is to 
run the risk of more cases, and thus endanger the public 
health far more than the value of any articles necessary 
to be destroyed could possibly equal. The board, there- 
fore, by its chief executive, does what is required by the 
exigencies of the case to prevent others being taken ill — 
burns, washes, fumigates and disinfects, and settles the 
amount to be paid, if any, after it has performed its 
paramount duty of guarding the public health. 



46 A Manual fob, 

§ 44. Health officer must report contagious 
diseases to state board. — The health officer reports 
to the state board all cases of contagious disease in order 
that knowledge of where such are in the state may be had 
by the state department, and that ifc may notify other 
state boards as agreed upon by these bodies in a general 
conference. And the knowledge that certain diseases 
exist in certain localities gives the state board the chance 
of investigating the cause, and of advising measures to 
be taken which would tend to lessen disease in that 
municipality. The reporting of small-pox, scarlet fever, 
diphtheria, typhus fever or cholera in the first instance 
by the health officer is not paid for, but the state board 
may require monthly reports of such diseases as it names, 
for which certain amounts are allowed. (Sec. 24.) The 
cases thus to be reported monthly are stated in the law, 
and the amount allowed is also named. The payment 
for reporting them is made by the municipality in the 
same way as registrars of vital statistics are paid for their 
registration when paid by the certificate. The number 
of diseases reported each month by the health officer are 
certified to by the secretary of the State board on a 
return postal card, and. this card is the voucher of the 
health officer that such reports have been made, and on 
these vouchers the local board allows his account which 
is to be paid as other such charges are. 

§ 45. Action of health officer upon a com- 
plaint. — A complaint is received by the board or the 
health officer of some condition considered by the com- 
plainant to be insanitary. (Sec. 25.) The health officer 
inspects, examines into the complaint and notifies the 
party at fault, in writing, to abate ; giving the reason 
for such notice, and quoting the rule under which it is 
issued, by number. This notice is partly printed, the 



Boaeds of Health. 47 

health officer filling in what is necessary to meet the 
case under consideration. A reasonable time is granted 
by the order, say three days, in which the defendant 
may get to work, and if the health officer meets the per- 
son at fault it is well to explain what is necessary, 
a few words oftentimes doing more to accomplish the 
end sought than a notice only partly understood. Should 
the notice not be obeyed, the health officer reports the 
fact to the board at its next meeting, if the case is one 
that can wait; if not, he reports to the president and 
suggests a special meeting be called, and advises what 
further can be done. If the case waits for the regular 
meeting, the health officer reports, in writing, with the 
rest of his work, this case; sees that the secretary of 
the board has given due notice to the defendant of the 
time and place of meeting ; and that a citation has been 
served upon him to appear before the board to show 
cause why it should not proceed against him. This 
brings the case directly under the board, it now being 
out of the health officer's hands, he having carried out 
his instructions as far as the law allows, and the decision 
of the board in the further disposition of the matter will 
contain further instructions for him if the board so de- 
sires. Should this happen, the board directing him to 
enter upon the premises and do such work as may be 
necessary for the protection of the public health, he 
obeys such orders and completes the abatement of the 
nuisance. 

§ 46. Health officer is always on duty. — The 
health officer is always on duty. He should in his daily 
rounds while attending to his regular practice observe 
all matters requiring remedy which come under the 
jurisdiction of the health board. He can advise in 
many cases what should be done and thus secure, with- 



48 A Manual foe 

out the necessity of an order, the betterment of the sani- 
tary condition of the municipality, for the welfare of 
the community is not only his duty as health officer but 
his interest as a citizen. The healthier a place is the more 
it prospers. 

§ 47. Health officer should report in writing.-— 
The health officer should always report, in writing, when- 
ever the board meets, his acts since the previous meeting. 
These reports become part of the records of the board 
and should be entered in full on the minute-book. 
They should include all cases of complaints where he has 
made inspections, cases of contagious disease and what 
was done, a statement of the condition of the munici- 
pality as to prevailing diseases, the cause of such sickness, 
if he can give it, the sanitary state of the municipality 
and such recommendations as his experience may sug- 
gest would be of benefit in adding to the healthfulness 
of the place. As said before, his being a medical man is 
required, and, therefore, he is the sanitary adviser of the 
board. Being in daily contact with the people and see- 
ing where much may be done to improve the hygienic 
surroundings, his suggestions should have weight with 
the board and aid it in the better discharge of its duties. 

§ 48. Health officer to visit institutions caring 
for children.— If institutions for the care of children 
are present in the town, other than hospitals, the law 
requires them to submit, through their medical attend- 
ant, monthly reports on forms approved by the state 
board. (Sec. 204.) The health officer should verify 
these reports from time to time by personal inspection 
of the institution to see that every sanitary requirement 
is fulfilled; and if contagious disease is reported from 
any, he should immediately visit to see what precautions 
against spread has been taken. The medical attendant 



Boards of Health. 49 

must report to the health officer at once the outbreak of 
any contagious disease under the general rules of the 
board, and also state the same in his regular monthly 
report. 

§ 49. Improper food articles forbidden sale. 
Health officer to seize. — Articles improper for food 
are forbidden sale. Health officers should make them- 
selves familiar with section 41 of article III, and when 
they find any substance improper for food beiug offered 
for sale, the same should be seized and destroyed. The 
general rules should also cover this ground, going into 
particulars as to what should be seized. Where im- 
proper articles are not exposed or offered for sale in the 
municipality, but are being shipped to another place 
within this state, health officers, if conversant of the fact, 
should telegraph the health authorities of the place to 
which such articles are consigned that they may seize 
the same before being sold. 

§ 50. Miscellaneous. — The familiar quotation has 
it, " eternal vigilance is the price of liberty," and equally 
true is it that eternal vigilance will insure healthy com- 
munities and prevent epidemics of disease . And so the 
health officer should always be on the watch for the first 
indication of danger to the public health and be ready 
for action in its defense. To wait until an epidemic is 
started is to neglect his duty and to violate his oath of 
office. To him, as its executive officer, the board looks that 
nothing happens whereby the health of the municipality 
is endangered, and he should realize his responsibility 
and be prepared for the discharge of his duty in a man- 
ner fitting the honor of his office. 
7 



50 A Manual for 



CHAPTER IV. 

RELATIONS OF DOCTORS, CLERGYMEN, MAGISTRATES AND 
OTHERS TO LOCAL BOARDS. 

Section 51. Why support of the people should be given boards 
of health. 

52. Specific duties of doctors and others, relating to 

vital statistics. 

53. Duty of physicians relating to contagious disease and 

insanitary conditions. 

54. Citizens should give attention to insanitary condi- 

tions existing on their property. 

55. Duty of clergymen, magistrates and grooms relating 

to marriage certificates . 

56. Attorney-general's opinion on return of vital statis- 

tics. 

57. Reasons why physicians and clergymen should return 

certificates of vital statistics. General considera- 
tions. 

§ 51. Why support of the people should be 
given boards of health. — In the social economy 
all must do their part for the maintenance of the state 
and law and order. This is a self-evident proposition 
for without it no common polity could be maintained, 
and a relapse into the old style of ' ' might makes right " 
would follow. So in the matter of protecting the pub- 
lic health, charged by law upon legally constituted 
bodies whose authority is recognized by all, the great 
work must be participated in by others not official if 
the welfare of the community is to be properly pre- 
served. Unless the people support the officers charged 
with the execution of the law which they, through their 
representatives, have enacted, the will of the people 
becomes absurd and of no avail, and, therefore, all citizens 



Boards op Health. 51 

are or should be as anxious to see carried out the regu- 
lations published for the protection of health as are the 
legal officers who enforce the same. 

§ 52. Specific duties of doctors and others 
relating to vital statistics. — Certain specific duties 
are placed upon doctors, clergymen, magistrates, par- 
ents, and grooms of marriages in regard to vital statistic 
records. The health board is called upon to collect and 
enter these statistics, but to do so the aid of others 
must be had. The law, therefore, requires (Art. II, sees. 
2i and 22), doctors to sign the cause of death of those 
they attend in the fatal illness, and the certificates of 
birth when their services are rendered. Midwives also 
sign these birth certificates if they attend the case. 
The doctor says, " But 1 get nothing for so signing a 
death or birth return. Can a man be called on to ren- 
der service to the state without an adequate return for 
that service?" A question could be asked for the answer, 
for every one is notified to pay his taxes within a certain 
time; and if he fails to do so, he has to pay more. The 
citizen receives no pay for this service to the state. 
Instead, if he does not do it, he is punished by increased 
amounts demanded, and if he fails altogether, his prop- 
erty is taken to make good the amount. He does re- 
ceive a benefit for the duty performed in the protection 
given him and his property by the action of the laws his 
tax helps to carry out, and exactly in the same way does 
he receive a return for performing the duty imposed by 
the law of filling out the vital statistic returns called for 
by the law. He may not be personally interested in 
the fact that the child of a patient was born and its 
birth recorded in the registers of the municipality and 
the state, but he may again be greatly interested should 
proof of such an occurrence be needed and the proof 



52 A Manual for 

not be forthcoming because of his neglect to obey the 
law. He receives a return from the state, less to be 
sure than in the other instance cited, by the knowledge 
that his children or grandchildren are so recorded that 
should cause arise for transcripts of the records, the 
records are on file and ready for copy. In the case of a 
death his duty to the community is clear in the filling 
out of his part of the certificate. The law makes it a 
misdemeanor to bury a body without a proper return of 
the death having been filed with the official granting 
the burial permit, and it requires the doctor last in 
attendance to insert the cause of death and sign the cer- 
tificate. His signature is a guarantee that no crime has 
been attempted, and where danger from the character of 
the disease was to be apprehended, that he has taken 
precautions to protect others from it. The importance 
of this record is equal to the other and an added import- 
ance is found, for these returns, taken together, give in- 
formation as to the prevalence of disease and cause 
inquiries to be made as to what steps are necessary to 
secure the removal of the cause or a lessening of its 
baneful effects. By neglect of his duty, imposed by 
the law, to sign, he makes others violate its provisions, 
for the body must be buried, and yet the law says it is 
not to be until he has signed the death certificate and a 
permit is issued thereon. He commits a misdemeanor 
and compels another to do likewise. But aside from 
this, the record is of value to him as to the family of 
the deceased, for it may be necessary to prove in court 
facts concerning the death set forth in the certificate 
which may have interest for the physician as well as for 
others. The constant call for transcripts of these 
records prove their great value, and every effort should 
be made to render them complete. 



Boards of Health. 53 

§ 53. Duty of physicians relating to contagious 
disease and insanitary conditions. — The relation 
of the doctor to the board in this matter of vital statistics 
is important, but it is not his only relation nur the most 
important one. He is of the profession that must deal 
with disease, and in his hands the physical well being 
of some portion of the inhabitants is placed by them for 
care. He should be of the first, therefore, to aid the 
health authorities in their work of rendering the place 
where he lives more cleanly and healthy, and, therefore, 
more attractive to settlers. When called to a case of 
contagious disease, he should promptly notify the health 
officer and aid in taking all precautions against spread. 
While this duty may be and is called for by the rules of 
the board, it is also called for by higher motives than mere 
obedience to the mandates of health authorities ; it is in 
the interest of all the inhabitants that contagion should 
be guarded against, and to no one more than the doctor. 
Where, in his daily rounds, he sees matters in such an 
insanitary condition as to be of menace to health, he 
should use his influence to have them changed, and if 
that fails, advise the board that it may take measures 
to do so. The aid physicians can render to constituted 
authority to improve the sanitary condition of a munici- 
pality is greater than most doctors think, for they are 
fitted by their studies to understandingly pass upon such 
subjects, and the people naturally look to them for 
guidance in matters pertaining to health. 

§ 54. Citizens should give attention to insani- 
tary conditions existing on their own property. — 
If more general knowledge of what tends to improve the 
public health could be disseminated, more support would 
be given the efforts of those who try to carry out the 
behests of the law. If citizens would aid in making 



54 A Manual for 

their municipality healthy by seeing that no insanitary 
condition exists on their own premises, both they and 
their neighbors would be better off. If owners of tene- 
ment-houses would see to it that such places were in 
and of themselves sanitary, the health authorities could 
more easily guard against the danger from disease com- 
ing from the inmates. But it is found that such work 
is more than neglected. Where the poor, from necessity, 
have to crowd together in buildings with improper 
drainage, which is enough of itself to cause disease, 
the chances of sickness breaking out and spreading 
is greatly increased. The people may be but able to 
earn enough for the bare necessities of life and with scant 
and poor food the condition of the body is depreciated. 
Add to this conditions which they cannot control: im- 
pure air, foul emanations from drains and other places, 
insufficient ventilation of rooms — matters which can be 
prevented; and a combination is effected which one 
can only wonder does not cause more disease in our 
closely settled districts than is shown by statistics. Cer- 
tain diseases when grafted in such places become almost 
endemic. The germs find fitting soil in which to grow 
and, though lying dormant at times, appear in some 
cases never to entirely die out, asserting their presence 
from time to time when atmospheric conditions are such 
as to further their activity, when nothing short of most 
energetic measures will eradicate them. Those owning 
such places should understand the danger is not con- 
fined alone to those living therein. It may be carried by 
the tenants to houses where they work ; houses in which 
science and ample means combined have, in every way, 
rendered as safe from disease as human ingenuity can 
make them, and cause death to the more favored inmates. 



Boards of Health. 55 

Insanitary conditions in the better class of houses are 
equally dangerous. The danger may not be so far 
reaching, but it is close to the dwellers, and their own 
interest is to remedy it. Still it is found too often the 
health board must make peremptory orders to save the 
people from themselves. It appears that money ex- 
pended in such matters is considered as money wasted, 
for nothing shows for the expenditure, and belief of 
danger is not easily induced until practical experience 
of its presence has caused a loss more deeply felt than 
that of the almighty dollar. 

The work of the health board, therefore — while its per- 
formance is to be carried on by those appointed to the 
office, is one in which all not only have an interest, but 
all should bear their part. Where conditions of menace 
to health are known to exist, information should be 
given the board that efforts may be made to improve. 
Where public needs clearly indicate works of public 
sanitation — which cannot be carried out except by the 
suffrage of the inhabitants — ; the future benefit should 
be more considered than the present cost ; for not only 
are they adding to their own healthfulness, they are insur- 
ing to those who come after ample protection or at least 
the groundwork on which more can be done if more is 
needed. War is a state to be dreaded. All play their 
part if it has to come and all strive to avoid it if possi- 
ble. Public interest from the rostrum to the work 
bench is excited and every one does his share to protect 
the common country from its danger. But disease be- 
comes familiar by its frequency. It is taken as a visita- 
tion of the Deity and the preventing of it is to be looked 
after by boards of health and the doctors. It is an 
enemy more powerful and more fatal than the greatest 
nation, but because we must all die, the question of 



56 A Manual for 

entering into a fight with disease is not one to arouse 
great interest unless the outbreak becomes or is likely 
to become, of magnitude. Then there is a rushing and 
a fevered effort to do in short order what should not 
have to be done — what would not have to be done if all 
had recognized the importance of the work in their daily 
routine and kept their own places in such a state as to pre- 
vent disease gaining a foothold, or had continually given 
aid and countenance to the health authorities in their 
efforts to the same end. " Cleanliness is next to Godli- 
ness " is an old saying, and in one sense it must cer- 
tainly be true, for many are more godly than clean. By 
cleanliness alone can disease be successfully kept under. 
And the people have this matter as much and more in 
their hands than do the officials. 

§ 55. Duty of clergymen, magistrates and 
grooms relating to marriages. — Clergymen are also 
leaders of public thought and teachers of a higher life. 
Their duty to the public in the returning of marriage cer- 
tificates is the same as the doctors with births and deaths. 
Being the only persons, other than certain officials, 
empowered by law to perform the marriage ceremony, 
they are called on to certify to such performance and it 
goes without saying how important records of such con- 
tracts are. And as teachers of a higher morality, they 
should set the example and follow the divine instruction 
to "render unto Caesar the things that are Caesar's," 
for to do otherwise is not to practice what they preach. 
To set up the dictum of their church as higher than the 
law of the land in which they live, or to constitute 
themselves as judges of whether they shall return a 
marriage certificate or not, is to place themselves at the 
mercy of the board and to render themselves liable to 
the penalty under the law. The deficiency in the total 



Boaeds of Health. 57 

of marriages returned shows conclusively clergymen are 
derelict in this duty, and but for the forbearance of 
local boards they would be cited before them to show 
cause why they should be exempt from obedience to the 
rules of those boards. The groom of a marriage is respon- 
sible for the returning of the certificate to the board. 
But his neglect does not relieve the person performing 
the ceremony from his responsibility to the state, and 
the groom, as the generality of men go, is not at the 
time he is a bridegroom in such a mental condition as 
to be always in the clearest of mental attitudes or to 
care whether a certificate is registered. So it is not 
asking too heavy a work or one requiring too great 
an expenditure of time or money for the clergyman to 
relieve the groom of the duty of forwarding the record 
to the health board and to do it himself. Where a 
magistrate is the officiating officer, he is likewise required 
to fill out his portion of the certificate and to return it 
or see that the groom does. Being a magistrate his 
orders are more apt to be obeyed in such a matter than 
the advice of a clergyman to attend to the proper dis- 
posal of the certificate. 

§ 56. Attorney-general's opinion on return of 
vital statistics. — It may be well to call attention at 
this point to the opinion of Hon. Charles F. Tabor, at- 
torney-general, on this question of making returns of 
vital statistics. The laws quoted by the learned at- 
torney-general are now repealed, but they are em- 
bodied in the new law about which I am writing and in 
almost precisely the same words, so the opinion is of the 
same value and weight now as when given. This opin- 
ion was sought in the case of marriages, but the prin- 
ciple involved is equally true in the matter of death and 
birth certificates and has been so quoted since it has 
been first published. 
8 



58 A Manual for 



OPINION OF ATTORNEY-GENERAL 

ON" DUTY OF CLERGYMEN" AND MAGISTRATES TO RETURN 
MARRIAGE CERTIFICATES PROPERLY FILLED OUT TO 
REGISTERING OFFICER. 

Chapter 322 of the Laws of 1880 established a state 
board of health and conferred npon it certain powers. 

Section 7 provides that " it shall be the duty of the 
state board of health to have the general supervision of 
the state system of registration of births, marriages and 
deaths, and also the registration of prevalent diseases. 
Said board shall prepare the necessary methods and 
forms for obtaining and preserving such records and to 
insure the faithful registration of the same in the several 
counties and in the central bureau of vital statistics at 
the Capitol of the state." 

Chapter 270, Laws of 1885, provides for the formation 
and organization of local boards of health in the different 
towns, villages and cities of the state, and confers upon 
said boards certain powers. Among these powers are 
those contained in subdivision 5 of section 3, which pro- 
vides as follows: " To supervise and make complete the 
registration of all births, marriages and deaths occurring 
within the limits of its jurisdiction, in accordance with 
the methods and forms prescribed by the state board of 
health, and to secure the prompt forwarding of the 
certificates of birth, marriage and death to the state 
bureau of vital statistics after local registration, 
* * * and to secure the completeness of the said 
registration, it shall be the duty of the parents or custo- 
dian of every child, and the groom at every marriage, 
or the clergyman or magistrate performing the ceremony, 
to secure the return of the record of such birth or mar- 



Boards of Health. 59 

riage to the board of health, or person designated by 
them, within thirty days from the date of such birth or 
marriage, and each record shall be duly attested by 
* * * the clergyman or magistrate officiating at such 
marriage." 

It will be observed by these provisions that it is, first, 
the duty of the state board of health, and it is given 
the power, to prepare the necessary methods and " forms " 
to insure the faithful registration of marriages, and that 
it is also made the duty of local boards of health to 
supervise and make complete the registration of mar- 
riages, in accordance with the methods and " forms " 
prescribed by the state board, and that it is also made 
the duty of the groom at every marriage, or the clergy- 
man performing the ceremony, to return, within thirty 
days, the record of such marriage to the person designated 
by the board of health, and it is the duty of the clergy- 
man to attest the certificate. 

The "form" of the certificate; that is, the facts to be 
stated therein, is passed upon by the state board of 
health, and it is for that board to say what facts will 
give the necessary information as to the performance, 
etc., of the marriage ceremony; and in accordance with 
this power and duty the state board has prepared and 
furnished a certain form of certificate, which, when filled 
out, will contain all, and no more than the board con- 
siders necessary to be stated, in order to give the infor- 
mation contemplated by the acts above referred to. 

It is not for the person performing the ceremony to 
say what he, in his judgment, considers a necessary cer- 
tificate, or for him to furnish simply what he considers 
the necessary information. That is a matter which the 
state board of health determines upon, and for that 
reason the state board is required to prepare the forms 



60 A Manual for 

for the purpose of insuring proper registration; and it is 
made the duty of the groom or the person performing 
the marriage cermony, to secure the return of the record, 
properly attested, and containing a statement of the facts 
designated by the state board, within the time and in 
the manner prescribed by the statute. 

It is true that the statute requires the groom or the 
clergyman or magistrate performing the ceremony to 
secure the return of the record of such marriage. It is 
a co-ordinate duty devolved upon each, and it is the duty 
of each to see that the requirements of the statute are 
complied with. The groom could not, of himself, 
without the assistance of the clergyman performing the 
ceremony, make the return, for the reason that the 
return must be attested by the clergyman ; nor could 
the clergyman himself, without the assistance of the 
groom, make the return, for the reason that the state- 
ments contained on the back of the certificate relate to 
matters only within the knowledge of the bride and 
groom, and for this reason the statute makes the duty 
a co-ordinate one, resting upon both the clergyman and 
groom ; and I think it is clearly the duty of the clergy- 
man or person performing the ceremony to see to it, if 
it lies in his power, that the information contained on 
the back of the certificate is furnished to the person 
designated by the local board of health. 

Very respectfully your obedient servant, 

CHARLES F. TABOR, 

Attorney- General, 

§ 57. Reasons why physicians and clergymen 
should return certificates of vital statistics. Gen- 
eral considerations. — Physicians and clergymen enjoy 
certain privileges conceded by the public, as for instance, 



Boards of Health. 61 

freedom from jury duty. The public consider such con- 
cessions proper and right. It has an equal right to 
expect of these persons that duties imposed by the law 
above quoted will be cheerfully and promptly rendered. 
If the question be carefully studied it will be found 
these men have benefits which more than compensate 
for the unpaid duty they are called on to perform 
by the Public Health Law. It may seem somewhat out 
of place in a manual for the guidance of health offi- 
cials, to enter upon the relations of others to them 
instead of confining the work to their particular duties. 
But while recognizing the seeming inconsistency, it is 
more apparent than real, for unless the official knows 
and can explain to one arguing he is not called on to do 
any thing, that all the work should be by the official 
and all directions come from him; the latter will be placed 
in the position of having to do by the strong hand of the 
law what could as well and better be accomplished and 
which would be in the majority of instances readily 
done, if the matter be only fully understood. Few stop 
to realize their own responsibility to the community. 
"What do we have officers for and pay them if we 
have to do the work?," is a question frequently asked. 
While the routine labor is given to the public servant, 
his labor would be useless unless aided and encouraged 
by the ones for whom it is performed. All thinking 
persons believe in caring for public health. All Avould 
willingly denounce those who are charged with its care 
if they neglect their duty. But while all are willing to 
find fault and criticise, all are not equally willing to help 
or do their share in guarding the public welfare. Let 
threat of invasion of some epidemic be present and the 
cry goes up that this or that person or board, whose 
duty it is to prevent, if possible, such invasion, must do 



62 A Manual foe 

something. And many and diverse are the " somethings ". 
that are to be done. Some penny-a-liner calls on the 
officials to act in ways that would land them behind the 
bars, for no law could be found for their action. And 
the writer of the article knows nothing of what he writes 
other than he is reflecting the opinions of those equally 
well informed who talk loudly of what should be done. 
Learned societies meet and pass resolutions that this or 
that change should be made in the public health service, 
this or that method of disinfection should be followed, 
have their valuable deliberations published in the daily 
press, and then adjourn to attend strictly to their own 
private interests, never for a moment seeming to think 
they should do more than merely talk. The life of a 
health officer is not always "a happy one," for he is 
blamed for what he does do and blamed if he does not 
do it. 



Boards of Health. 63 



CHAPTER V. 

WHAT CONSTITUTES A NUISANCE; MODES OF PROCEDURE 
TO ABATE NUISANCES; POWER TO ENFORCE PENAL- 
TIES; HOW THEY SHOULD BE COLLECTED; CITATIONS 
OF LAW. 

SECTION 58. Nuisance defined; example. The right to life, lib- 
erty and property is not absolute and uncontroll- 
able. 

59. Notice to abate; how made and served. 

60. To enforce order board must proceed by due process of 

law. 

61. Order disobeyed; further proceedings of board. 

62. Board to enter upon property and abate nuisance. 

Board will be upheld if procedure is in accordance 
with law. 

63. If judgment is not satisfied, lien is to be placed on 

property. 

64. All proceedings to be recorded. Records presump- 

tive evidence. 

65. Board to fix compensation. Opinion of attorney- 

general. 

66. Procedure in cases of dire necessity. 

67. Every nuisance must be considered separately. 

68. Each offense should have its particular indictment. 

Board passes upon what is a nuisance. 

69. If municipality is maintainer of nuisance, board may 

order it to act. Opinion of attorney-general. 

70. Physicians must report contagious diseases. Health 

officer the legal expert to determine diagnosis. 

71. Power of board to make rules for plumbing and 

drainage. 

72. Health officers are state officers. 

§ 58. Nuisance denned ; example. The right 
to life, liberty and property is not absolute or un- 
controllable. — What is a nuisance ? Easy enough to 
ask but not so easy to clearly define. Many complaints 



64 A Manual for 

are received by boards of health that are inspired by 
malice, by a desire to cause annoyance to the one com- 
plained of by having an inspection made by officers 
of the board. Oftentimes complaints are made of nui- 
sances, which have to be corrected, because the com- 
plainant wishes to retaliate in some way on the 
maintainer and yet does not care to bring vengeance 
upon himself. Boards of health, however, cannot con- 
sider the reason for the complaint if it is made by a 
citizen. Sufficient that it is made. The law says every 
board "shall receive and examine into all complaints made 
by any inhabitants concerning nuisances." (Sec. 25.) 
It is not discretionary on the part of a board whether 
the complaint shall be examined or not, it is mandatory, 
and, therefore, the board must examine into it, and if a 
nuisance is found to exist, direct its removal or abate- 
ment; if none is found, to so state. It is then necessary 
for the board to know what constitutes a nuisance which 
is of menace to the public health, for over nuisances 
of other kinds the board has no jurisdiction. 

A nuisance has been defined as follows : " A nuisance, 
in the ordinary sense in which the word is used, is any 
thing that produces an annoyance, any thing that disturbs 
or is offensive ; but in legal phraseology it is applied to 
that class of wrongs that arise from the unreasonable, 
unwarrantable or unlawful use by a person of his own 
property, real or personal, or from his own improper, 
indecent or unlawful personal conduct, working an ob- 
struction of, or injury to, a right of another, or of the 
public, and producing such material annoyance, dis- 
comfort or hurt, that the law will presume a consequent 
damage/' (Wood's Law of Nuisances, 2d ed., 1.) 
While many matters come under the above definition, 
matters for which the person aggrieved has his remedy 



Boards of Health. 65 

at law, they are not nuisances which he can call upon the 
board of health to remove, for they do not constitute an 
injury to his health. As an example, a stable may be 
of great annoyance to the people living next to it. If 
the board is complained to it must in its investigation 
take only into account the question of whether the stable 
affects the health of the complainants. Is the stable 
clean ? Yes. Is manure retained in improper recepta- 
cles and kept so long that decomposition renders it 
of danger to health ? No. Is the drainage from the stable 
and washing stand for carriages allowed to stand and 
become foul ? Or does it find its way into the next 
house ? No, it is cared for by proper drains. Does the 
accumulated night air from the stable escape in volume 
in the morning and affect the health of the complainants? 
No, the stable is properly ventilated. Do the horses 
keep up a constant stamping during the night and so 
prevent sleep? No, all are quiet. Does examination show 
any person in the complainant's house to have been made 
ill because of emanations from the stable? No, no one has 
been ill. Why then the complaint ? There is a smell at 
times and it is not pleasant to have the stable alongside 
of the house. The board has no cause for action and 
should dismiss the complaint, for though the stable may 
be a nuisance to the people of the house and an annoy- 
ance, unless it is a nuisance which affects health or is 
likely to do so in a short time the board cannot act. 
(Underwood v. Green, 42 N. Y. 140.) The disagree- 
able odor or the annoyance of having the stable next to 
the house, while it may be a nuisance and one for which 
the party aggrieved has his remedy at law, is not one the 
board of health can order abated. Bat if it is found, on 
examination, the emanations from the stable are causing 
sickness, that the noise of horses is preventing sleep and 
9 



66 A Manual for 

so interfering with the comfort and health of the neigh- 
bors, or any thing else which is an injury to health; 
the board can properly issue an order requiring abate- 
ment in such manner as to remove these evils. Per- 
sons can use their own property as they like, provided 
it is not of injury to their neighbors. The right to life, 
liberty and property is not absolute or uncontrollable. 
(Bertholf v. O'Keilly, 74 N. Y. 509; Stuyvesant v. 
Mayor of New York, 7 Cow. 588 ; Hodges v. Perrine, 24 
Hun, 516 ; Blair v. Forehand, 100 Mass. 136 ; Common- 
wealth v, Tewksbury, 11 Mete. 55 ; Morey v. Brown, 
42 N. H. 373 ; Guillote v. City of New Orleans, 12 La. 
Ann. 432; Thorpe v. B. & R., 27 Vt. 140; Kings v. 
Davenport, 98 111. 305 ; Allerton v. City of Chicago, 
6 Fed. Rep. 555; People v. Hawley, 3 Mich. 330; 
10 id. 489; 11 id. 264 ; Taylor v. State, 35 Wis. 298 ; 
Nodin v. Mayor of Franklin, 4 Yerg. [Tenn.] 163 ; 
2 Kent's Com. 339 [margin] ; 1 Dillon on Municipal 
Corp., §§ 209, 213.) 

The board, therefore, having examined into a com- 
plaint satisfies itself before issuing an order concerning 
the matter complained of, that it is a nuisance or likely 
to shortly become one of menace to public health. It 
then issues the order to the maintainer to abate the 
same. We will suppose the complaint to be a nuisance 
and one coming under the rules of general application 
published by the board as provided for in section 21 of 
article II. 

§ 59. Notice to abate ; how made and served. — 
The notice to abate is served, in writing, upon the main- 
tainer of the nuisance, owner or occupant, and in the 
notice is set forth the nature of the nuisance, that com- 
plaint has been filed and inspection made, that such a 
nuisance is in violation of such and such a rule made 



Boaeds of Health. 67 

and published by the board, and that the penalty for 
violation of that rule is a certain sum. This order is 
generally served by the health officer, or by an inspector, 
or whoever is designated to serve such order. It must 
be personal service, or if the maintainer cannot be found, 
it may be posted in a conspicuous place upon the premises. 
(Sec. 21.) A reasonable time is given to comply with the 
notice, say three days, during which the maintainer is 
getting ready to do the necessary work. The three days, 
if that length of time be allowed — the time given is 
discretionary with the board — even if the person notified 
at once begins work, may not be long enough to complete 
it, but he is obeying the order of the board and can- 
not be molested. But if he makes no effort to comply 
with the order, refuses to obey or do any thing, the board 
must proceed further. Tt has the power to make rules 
and enforce them. (Sec. 21.) (Polinsky v. People, 73 N". 
Y. 65; Cronin v. People, 84 id. 318; City of Rochester 
v. Collins, 12 Barb. 559; People v. Cox, 7 Hun, 21 4; 
Roberts v. Ogle, 30 111. 459; Cooper v. Schultz, 32 How. 
107; Coe v. Schultz, 47 Barb. 64; Meyer v. Special 
Sessions, 12 Wk. Dig. 367.) 

§ 60. To enforce order, board must proceed by- 
due process of law. — To enforce its order regularly, it 
must pursue a given course, for it may be necessary in 
abating the nuisance to take or destroy some property, 
and the Constitution allows of this being done only 
according to due process of law. (Walker v. Sauvinet, 
92 U. S. 90 ; Westervelt v. Gregg, 12 N. Y. 202 ; Bk. of 
Columbia v. Oakley, 4 Wheat. 235-244 ; Hurtado v. 
California, 110 IT. S. 537 ; Weimer v. Banbury, 30 
Mich. 201 ; Blazier v. Miller, 10 Hun, 435 ; Wynehamer 
v. People, 13 N. Y. 378 ; Taylor v. Porter, 4 Hill, 140 ; 
Happy v. Mosher, 48 N. Y. 313 ; People v. Supervisors, 



68 A Manual foe 

70 id. 228 ; People v. McCarthy, 45 How. Pr. 97 ; Dar- 
lington v. Mayor of New York, 31 N. Y. 164 ; Rockwell 
v. Nearing, 35 id. 302 ; Green v. James, 2 Curtis 
[C. C] 187.) Eyery man has a right to defend himself 
and show cause why he should not be punished. Every 
one is entitled to his day in court. (See authorities 
quoted above.) And the actions of health boards in 
ordinary cases are no exception to general rules. There- 
fore, while it might be and is, in certain cases (sec. 26), 
allowable for the board to proceed to abate, to enter 
upon the property by its agents, officers or servants, 
and do such work as may be necessary to render this 
of no danger to public health, the board will more often 
secure compliance with its orders if it follows a more con- 
servative method of procedure. 

§ 61. Order disobeyed ; further procedure of 
board — The order is disobeyed. No attention is paid 
to it by the person notified. The board then should 
cite the one at fault before it to show cause why he 
should not have a penalty imposed upon him for failure 
to obey the rules of the board and an order made by it. 
This citation should recite the reason for it, require 
the defendant to show cause why his property should 
not be condemned as a nuisance of menace to public 
health, the rule violated, the pennlty, time and place of 
meeting; and it should be served as a subpoena is served. 
The defendant can appear either in person or by counsel. 
When his case is called, the report of the complaint, 
the complaint-book in which it is entered, should be 
laid before the board. The health officer generally pre- 
sents the case to the board ; has the complainant present 
if necessary; has the inspector or person who examined 
the complaint also present to show the condition found; 
if he inspected it himself he so states and shows why there 



Boards of Health. 69 

is menace to health; the order served on the defend- 
ant to abate is produced and the evidence that nothing 
has been done by the defendant to comply with or obey. 
The defendant is then called on to show why the order 
was not complied with, and after he has introduced his 
evidence, the board passes judgment on the matter by 
resolution, either condemning the place as a nuisance of 
menace and danger to public health, or making such 
other disposition as may be proper. If the board con- 
siders it necessary, it can examine all witnesses under 
oath, having in matters of this kind the same power 
as is given to justices of the peace. (Sec. 21.) We will 
consider the board finds a nuisance exists and orders its 
abatement. The resolution condemning should recite 
the main facts of the case and why the board condemns. 
The board then makes the order, directing the defendant 
to abate the nuisance within such time as may be set by 
the board, and failing such action on his part, the health 
officer as the executive officer of the board, is to enter upon 
the premises, do such work as is necessary to put them 
in proper sanitary condition and insure them being 
of no nuisance to the public health, and to proceed to 
collect, in the name of the municipality, the penalty 
imposed for violation of the rules before set forth. The 
rule is again quoted by the number of the section, but 
the penalty is mentioned in full, and copies of the reso- 
lution condemning and the order are to be given the 
defendant. If the defendant fails to appear, either in 
person or by counsel, or appears and refuses to plead, 
the board can proceed, for the defendant has waived his 
constitutional right to be heard. He cannot plead in bar 
of the board's decision that some other business kept him 
away or he did not think it necessary to answer, etc. 
The board practically gives judgment by default, and it 



70 A Manual for 

is perfectly within its rights to do so. The proceedings 
having closed, the defendant again refuses to obey by 
doing nothing under the order. If he opposes entry 
upon the premises at the end of the time allowed in the 
order to the board's representatives, the board calls upon 
the constable by issuing to him its warrant to remove 
the defendant, or calls upon the sheriff in the same 
manner. 

§ 62. Board to enter upon property and abate 
nuisance. Board will be upheld if procedure is 
in accordance with law. — The health officer now 
enters upon the property, employs the necessary labor 
to abate the nuisance, and proceeds to sue for the cost 
of the work, in the name of the municipality. (Sec. 26.) 
If the board has so directed, he also sues to recover the 
penalty, and both actions are brought by the counsel of 
the board, it having power to employ one if there is no 
regular counsel employed by it. (Sec. 21.) The courts 
will uphold the board when its procedures have been in 
accordance with law, clearly within the powers conferred 
upon it and where there has been no excess of jurisdic- 
tion. (Weil v. Schultz and Eckel v. Schultz, 33 How. Pr. 
7, and Judge Dykman's decision in Turner v. Board 
of Health of Mt. Vernon ; Board of Health of New 
Rochelle v. Valentine, 32 St. Eep. 919; Board of 
Health, Village of Nyack, v. Eells, 20 id. 886; Board 
of Health, Village of New Brighton, v. School Trus- 
tees, 18 id. 251.) 

§ 63. If judgment is not satisfied, lien to be 
placed on property. — If the defendant is not good 
for the judgment obtained for the cost of the work, 
the board places a lien upon the property, as provided 
for in section 27, and recovers by sale of the property 
the money expended by it in abating the nuisance. The 



Boards of Health. 71 

funds thus collected by suit or by sale are placed in the 
hands of the treasurer of the county and are an offset 
to the extra expenses submitted by the board to the 
board of audit. 

§ 64. All proceedings to be recorded. Records 
presumptive evidence. — All the proceedings taken 
by the board, all the resolutions declaring matters nui- 
sances of menace to health and all orders are spread in 
full upon the minutes of the board. These become pre- 
sumptive evidence of the facts set forth and may have 
to be used if the defendant obtains an injunction 
against the board restraining it from proceeding fur- 
ther until hearing can be had before the court to 
show the board proceeded in a proper manner and by 
due process of law (City of Salem v. Eastern B. E. 
Co., 98 Mass. 431.) The injunction may be granted; 
but where the board's proceedings have clearly been 
within its power and properly taken, the exercise of dis- 
cretion by it in matters within its jurisdiction is not 
reviewable. (Savage v. Board of Health, 33 Barb. 344; 
Cooper v. Schultz, 32 How. Pr. 107; City of Salem v. 
Eastern E. E. Co., 98 Mass. 431; lure Weisels, 13 Week. 
Dig. 185. See also Dykman, J., decision in Turner v. 
Board of Health, Mt. Vernon.) 

§ 65. Board to fix compensation. Opinion of 
attorney-general. — When the board employes counsel 
to act for it, or other persons to do work under it, it 
fixes the compensation to be paid and such charges are 
sent to the municipal authorities for payment. The 
board fixes the amount and audit has to follow. (Wem- 
mell v. Bd. of Auditors, Town of New Lots, 34 Hun, 
336.) 

The opinion of the attorney-general, herewith given, 
covers this point: 



72 A Manual for 



STATE OF NEW YORK: 

Attorney-Gen brae's Office, ) 

Albany, January 23, 1891. ) 
Lewis Balch, M. D., Secretary State Board of Health: 

Dear Sir : — In reply to your communication of the 
13th instant, asking me if, in my opinion, the board of 
town or village auditors, or the auditing boards of cities 
not exempted from the provisions of chapter 270 of the 
Laws of 1885, have power to reduce the compensation 
of health officers, after the same has been fixed by the 
board of health, and also if they have power to reduce 
the compensation of other persons employed by boards 
of health below the amount fixed by said board, I beg 
leave to state as follows: 

Chapter 270, Laws of 1885, provides for the organiza- 
tion of boards of health in towns, villages and cities 
throughout the state, except in the cities of New York, 
Buffalo, Albany, Yonkers and Brooklyn, and gives such 
boards certain powers, among which are as follows: 

Subdivision 2, section 3 : "To prescribe the powers 
and duties of the local health officer, who shall act as 
executive officer of the board; to direct him from time 
to time in the discharge of his duties, and to fix the com- 
pensation he shall receive." 

And subdivision 8: " To employ all such persons as 
shall be necessary to enable them to carry into effect the 
orders and regulations they shall adopt under the powers 
vested in them by this act, and to fix their compensa- 
tion." 

Section 5 of this act provides that " all expenses in- 
curred by the several boards of health, in the execution 
and performance of the duties imposed by this act, shall 



Boaeds of Health. 73 

be a charge only on their respective cities, villages and 
towns, and shall be audited, levied, collected and paid 
in the same manner as other city, village and town 
charges are audited, levied, collected and paid." 

It will be observed by these provisions of the statute 
that the compensation that the health officer is to receive 
is to be fixed by the board, and also that the com- 
pensation of all such persons as may be necessary 
to enable them to carry into effect the orders, etc., 
of the board shall be fixed by the board, and when 
the statute authorizes them to fix the compensation, it 
can only mean that they shall designate the amount. 
It does not vest power in any other board to fix such 
compensation, but expressly gives it to the board of 
health, and section 5, which provides that all the ex- 
penses of the board, under the act, shall be audited, 
levied, collected and paid in the same manner as other 
city, village and town charges are audited and paid, 
does not authorize the boards of auditors of such towns, 
villages or cities to reverse the action of the board of 
health in fixing the compensation of the health officer 
and other persons employed by it. The compensation 
of the health officer and the other persons employed by 
the board of health must be " audited" at the amounts 
fixed by the board, and the whole expense audited, 
levied, collected and paid in the same manner that other 
city, village or town charges are audited, levied, collected 
and paid. 

I am of the opinion, therefore, that generally the 
boards of town and village auditors, and the auditing 
boards of cities not exempt from the provisions of the 
act, would have no power to reduce the compensation 
of health officers appointed by the board of health, or 
10 



74 A Manual for 

the compensation of other persons employed by them, 
under subdivision 8, section 3, supra. 
Very respectfully, 

Your obedient servant, 

CHARLES F. TABOR, 

Attorney- General 

§ 66. Procedure in cases of dire necessity. — In 

following the mode of procedure just recited, time is 
necessarily taken, for it is rarely that great danger or 
hurt will follow the delay necessary, and no question 
but that all rights are conserved and the action of the 
board is not by due process of law can be raised. 
(Underwood v. Green, 3 Robertson; 86 Barb.) When, 
however, the case is one of dire necessity, the board can 
act at once, and even destroy property without compen- 
sation to the owner, or without the formality of a legal 
investigation. (Wynehamer v. People, 13 N. Y. 451; 
Russell v. Mayor of New York, 2 Denio, 485 ; Stone v. 
Mayor of New York, 25 Wend. 157; Van Wormer v. The 
Mayor, 15 id. 262; affirmed, 18 id. 169; Blair v. Forehand, 
100 Mass. 140 ; Meeker v. Van Rensselaer, 15 Wend. 397.) 
For in such case to wait would be to endanger the public 
health to such an extent as to place the board in the 
position of neglecting its duty and consequently any 
citizen could cite the board for such neglect and compel 
it to do its duty. (People v. Trustees of Village of Edge- 
water, 37 Hun, 461.) The state of affairs must, however, 
justify extreme measures and the board is required to show 
such a condition to exist. In the presence of an epi- 
demic, where the spread is rapid and radical measures 
may be required for its arrest, the board has not the 
time to grant hearings or to hold an investigation, but 
must proceed at once. In case it were necessary to de- 



Boards of Health. 75 

stroy a house, clothing, merchandise or any other place or 
substance from which the contagion of the disease could 
spread and without the destruction of which, in the 
opinion of the board of health, the disease could not be 
stayed, the board can destroy, and this without an order 
to the owner of the property thus destroyed. It is a 
case of dire necessity and private advantage must give 
way to public needs. It is with disease in such a case as 
with conflagrations where whole blocks of buildings are 
blown up in advance of the flames to break their force 
and stop the fire. No time is lost in such cases by in- 
spections and investigations but the fire marshals issue 
the orders and the buildings are destroyed. And the 
same reasoning holds good where disease is spreading 
rapidly. The most stringent measures must be resorted 
to and without loss of time. It is hardly necessary to say 
that in all such circumstances, in fact in all with which 
the health board has to deal, the decision of the board 
must be given only after careful consideration of the 
situation and its deliberations be set forth in the min- 
utes that its actions maybe ready for review if necessary. 
§ 67. Every nuisance must be considered sepa- 
rately. — In passing upon nuisances, each one must be 
considered and acted on by itself, even where several 
are of the same character. Take, for instance, privy 
vaults in cities. Here the emanations from great 
numbers of these cess-pools poison the air and are 
serious detriments to health. In the hot weather, the 
air being heavy and the contents of the vaults decaying, 
injurious gases are given off which do not dissipate into 
the upper air, but float within a comparatively few feet 
of the ground, and are carried by air currents into 
dwellings. The board, complaint having been received 
of one of these nuisances, on inspection, finds a whole 



76 A Manual for 

block or a row of vaults, each as bad and dangerous to 
public health as its neighbor. The board must consider 
and act on each one separately ; it cannot condemn all 
in one resolution, but the same method of inspection 
and proceeding to condemn must be taken for each 
separate vault. The board cannot assume in advance 
that all privies are or will become nuisances dangerous 
to health. (Gregory v. City of New York, 40 N. Y. 
273.) The board may, however, forbid in its rules the 
building of vaults which experience has found are more 
likely to become nuisances, except in such manner as 
may be approved by the board, for the law (sec. 21) em- 
powers the board to make such rules as it deems neces- 
sary for the preservation of life and health. A rule, 
therefore, of general application, made and published 
by the board to prevent or forbidding the building of 
privy vaults would be a perfectly proper one, and viola- 
tion of such rule, when the vault was constructed in the 
manner proscribed by the board, would subject the per- 
son disobeying to a penalty. For boards of health, if 
invested by the legislature with the authority to do so, 
have full power to restrain the use of private property 
and the acts and business of all persons within the state 
for any purpose which is incompatible with the public 
health. (Reed v. People, 1 Park. Or. 481 ; In re 
Weisells, 13 Wk. Dig. 185 ; Blazier v. Miller, 10 Hun, 
435 ; Polinsky v. People, 73 N. Y. 65 ; Oronin v. Peo- 
ple, 82 id. 318 ; City of Rochester v. Collins, 12 Barb. 
559; City of Watertown v. Mayo, 109 Mass. 315; Peo- 
ple v. Hanley, 3 Mich. 330; Taylor v. The State, 35 
Wis. 298 ; Gregory v. The Mayor of New York, 40 N. Y. 
273; Meyer v. Special Sessions^ 12 Wk. Dig. 367 ; Cox v. 
Special Sessions, 7 Hun, 214.) 



Boards of Health. 77 

§ 68. Each offense should have its particular in- 
dictment. Board passes upon what is a nuis- 
ance. — If the board has made orders directing a per- 
son to abate two nuisances of which he is the main- 
tained and has to prosecute to enforce obedience to 
the orders; if a different penalty for each offense 
is prescribed, the maintainer cannot be indicted for 
both in one indictment. Each offense should be 
made the cause of a separate action. (Keed v. Peo- 
ple, 1 Park. Or. 481.) The question of whether or 
not a nuisance exists is always one on w r hieh persons 
will differ. The owner of a slaughter-house or some fac- 
tory classed among stench-producing industries will con- 
tend no nuisance exists. Property, or the use of it, which 
endangers the health or the comfort of the people, is a 
public nuisance (Wood on Nuisances, 73), and the board 
has to determine the fact before issuing an order. 
The judgment of the board in such matters will not be 
disturbed, unless it clearly exceeds its authority. (Hart 
v. Mayor of Albany, 3 Paige Ch. 218; Caines v. City 
of Syracuse, 29 Hun, 105; Baker v. City of Boston, 12 
Pick. [Mass.] 183; Mayor of Monroe v. Geispach, 33 La. 
Annual, 1011; Opinion of Judge Dykman in Turner v. 
Board of Health of Mt. Vernon.) The board cannot find 
a matter a nuisance which, under any circumstances, is 
not or cannot be such at common law. (Coe v. Schultz, 
47 Barb. 64; Babcock v. City of Buffalo, 56 N. Y. 268; 
Mayor of New York v. Board of Health, 31 How. Pr. 
385; Schuster v. Board of Health, 49 Barb. 450; Yates 
v. Milwaukee, 10 Wall. [U. S.] 497; Underwood v. 
Green, 42 N. Y. 140.) By this is meant a frivolous de- 
cision that some business or condition is a nuisance of 
menace to health is not to stand, for the board, while 
having large discretionary powers (Clark v. Mayor of 



78 A Manual for 

Syracuse, 13 Barb. 35), cannot construe a nuisance out 
of a condition which under this or that change of circum- 
stances, or if some event happens of which there is no 
immediate likelihood, will then be of menace to health. 
§ 69. If municipality is maintainer of nuisance 
board may order it to act. Opinion of attorney- 
general. — If a nuisance is in a public place, such as a 
street or road, the board has the right to order its abate- 
ment by the maintainers, viz., the city or village authori- 
ties. As an illustration of this the following may be 
cited. A petition was received by the state board set- 
ting forth in affidavits that illness was caused by the 
leakage of a sewer into cellars. The sewer was a public 
one, built by the city, and the board of health notified 
the mayor and common council that it was a nuisance 
of menace to health by reason of its leaking. No atten- 
tion was paid to the advice of the board to abate the 
nuisance and the petition to the state board was the 
result. The question was submitted to the attorney- 
general and the following opinion given: 

OPINION OF ATTORNEY-GENERAL 

ON POWER OF BOARD OF HEALTH TO LAY A DRAIN OR 
SEWER IN A PUBLIC STREET, WHICH IS THE ONLY 
MEANS OF ABATING A NUISANCE WHICH IS DANGER- 
OUS AND A MENACE TO THE PUBLIC HEALTH, AFTER 
HAVING DULY REQUESTED THE AUTHORITIES OF SUCH 
CITY OR VILLAGE TO ABATE SUCH NUISANCE, AND A 
REFUSAL UPON THEIlt PART SO TO DO. 

STATE OF NEW YORK: 
Attorney-General's Office, 

Albany, September 24, 1890. 

Hon. Lewis Balch, Secretary of State Board of Health : 

Dear Sir: — In reply to your verbal request for my 

opinion as to the power of a local board of health to lay 



Boakds of Health. 79 

a drain or sewer in a public street, which is the only 
means of abating a nuisance which is dangerous and a 
menace to the' public health, after having duly requested 
the authorities of such city or village to abate such nui- 
sance, and a refusal upon their part so to do, I beg leave 
to state as follows: 

By chapter 270 of the Laws of 1885, the organization 
of local boards of health is provided for, and when 
organized they have the power (sec. 3, subd. 4) 
"to receive and examine into the nature of complaints 
made by any of the inhabitants, concerning nuisances, 
or causes of danger or injury to life and health within 
the limits of its jurisdiction; to enter upon or within 
any place or premises where nuisances or conditions 
dangerous to life and health are known or believed to 
exist, and by appointed members or persons, to inspect 
and examine the same; * * * and every such board 
of health shall have power, and it shall be its duty to 
order the suppression and removal of nuisances and 
conditions detrimental to life and health found to exist 
within the limits of its jurisdiction;" and (by subd. 
6): " To make, and from time to time to pub- 
lish, in such manner as to secure early and full publicity 
thereto, all such orders and regulations as they shall 
think necessary and proper for the preservation of life 
and health and the successful operation of this law; and 
to make, without publication thereof, such orders and 
regulations in special or individual cases, not of general 
application, as they may see fit, concerning the suppres- 
sion and removal of nuisances, and concerning all other 
matters in their judgment detrimental to public health, 
and to serve copies thereof upon any occupant or occu- 
pants, and the owner or owners of any premises whereon 
any such nuisances or other matters aforesaid shall 



80 A Manual for 

exist, or to post the same in some conspicuous place on 
such premises/' 

Subd. 8. "To employ all such persons as shall 
be necessary to enable them to carry into effect the 
orders and regulations they shall have adopted, and the 
powers vested in them by this act, and to fix their com- 
pensation/' 

(§ 4.) " * * * And in case of non-compliance 
with any order or regulation which shall have been 
served or posted, as provided in subdivision 6 of section 
3 of this act, the said board or its servants or employees 
may lawfully enter upon any premises to which such 
order or regulation relates, and suppress or remove the 
nuisance or other matters in the judgment of said board 
detrimental to the public health mentioned in such 
order or regulation, and any other nuisance or matter of 
the description aforesaid found there existing, and the 
expense thereof shall be a charge upon the occupant or 
any or all of the occupants of said premises, or upon the 
person or persons who have caused or maintained the 
nuisance or other matter of the description aforesaid, 
and may be sued for and recovered with costs by said 
board, in the name of such board in any court having 
jurisdiction." 

§ 5. tk All expenses incurred by the several boards of 
health in the execution and performance of the duties 
imposed by this act shall be a charge only on their re- 
spective cities, villages and towns, and shall be audited, 
levied, collected and paid in the same manner as other 
city, village and town charges are audited, levied, col- 
lected and paid." 

These provisions, it seems to me, give local boards of 
health ample power to abate nuisances; and if there is 
an existing nuisance dangerous to health in a street, 



Boards of Health. 81 

and the city or village authorities refuse to abate the 
same, it is the duty of the board of health to abate it; 
and I am of the opinion that if the authorities of the 
city or village, after having been properly served with 
an order to abate the nuisance, refuse or neglect to do 
so, the board of health may abate it; and if the laying 
of a sewer be the only safe and proper means of abating 
such nuisance, they may lay such a sewer, and may 
charge the expense thereof to the city or village, the 
city or village being the occupant of the street, within 
the meaning of the word as used in the act above re- 
ferred to. (Gould v. City of Rochester, 105 N. Y. 46.) 
The expenses of the board of health in laying such 
sewer should be audited, levied, collected and paid in 
the same manner as other city or village charges are 
audited, levied, collected and paid. 
Very respectfully, 

Your obedient servant, 

CHARLES F. TABOR, 

Attorney- General. 

The opinion holds equally good under the present 
Public Health Law, as the same powers are given boards 
of health as under chapter 270 of 1885. The munici- 
pality can no more maintain a nuisance of menace to 
health than can an individual, and the board of health 
has supervision and power over both. 

§ 70. Physicians must report contagious dis- 
eases. Health officer the legal expert to deter- 
mine the diagnosis. — In cases of contagious disease, 
the physician in attendance is bound to report the fact 
to the board. It makes no difference what precautions 
he may personally have taken regarding the case, he 
must notify the health authorities. And when there is 
11 



82 A Manual for 

a question of diagnosis, the health officer is the expert 
provided by law to settle the matter, and his determina- 
tion is the one to be considered final. His inspection of 
the case can do no harm, for he is merely the official of 
the board, and is not necessarily in charge of the pa- 
tient. (Brown v. Purdy et al., 8 St. Eep. 143.) His acts 
in carrying out the orders of the board in this or any 
other case, or the acts of any other employee of the 
board when in pursuance of its orders, are not subject 
to judicial review. Officers of health boards are pro- 
tected by reason of the fact that they are such officers. 
(Yan Wormer v. The Mayor, 15 Wend. 262; City of 
Salem v. Eastern R. R. Co., 98 Mass. 431.) 

§ 71. Power of board to make rules for plumb- 
ing and drainage. — Special legislation has of late 
years frequently been sought to give power to health 
boards to make special rules and regulations for the 
plumbing, drainage and ventilation of buildings to be 
hereafter erected in the various places for which the 
laws were designed. But such acts are unnecessary, 
for boards of health have the power now to pass such 
rules if they consider them required for the protection 
of the public health. (Sec. 21.) It certainly is a measure 
for the preservation of life that proper plumbing be put 
in a house, proper drains be built to carry off the house 
sewage, and proper ventilation be arranged for, and the 
board under the general law can prepare such rules govern- 
ing this work as it may consider necessary and best. 

§ 72. Health officers are state officers. — An im- 
portant decision was rendered by Judge Haight in the case 
of Bamber against The City of Rochester, reported in 63 
How. Pr. 103. In this case a suit was brought against the 
city for certain rags destroyed by order of the board of 
health, but the learned judge decided the city was not lia- 



Boakds of Health. 83 

ble for the acts of the board of health. That health boards 
are appointed or elected to perform a public service, not 
peculiarly local or corporate, and that the common coun- 
cil could not control them in the discharge of their duty. 
" They are public or state officers." This decision, boards 
of health should remember, for their duties are such as 
not only affect the place where they have jurisdiction, but 
are widespread, and on their vigilance often depends the 
prevention of the spread of disease to other parts of the 
state. While carrying out this work, considerations like 
these should always be before them and, in addition, the 
knowledge that to them is intrusted the highest interest 
of the people, the guarding of the public health. 



84 A Manual for 

CHAPTER VI. 

Section 73. Rules of general application (sanitary regulations 
recommended by the state board). 

74. Circulars relating to prevention of certain diseases. 

75. Certificates of births, marriages and deaths. Burial 

and transit burial permits. How they should be 
filled up. 

76. Complaint of nuisance. Notice to abate. Notice of 

hearing on. Notice of imposition of penalty. 

77. Conclusion. 

§ 73. Rules of general application, — Boards of 
health being required to make rales of general applica- 
tion for the sanitary government of their several muni- 
cipalities, to which full publicity is to be given, the state 
board has issued the following regulations and recom- 
mended their adoption. It should be borne in mind by- 
boards of health that the law gives them, not the state 
board, the power to make these rules, and that these 
formulated by the state board are drawn as suggestions 
only, and are not ordered. They have been, however, 
carefully prepared and adoption is advised where they 
are applicable. Oftentimes some changes are found 
necessary in different localities to meet conditions there 
existing which are not general, and such changes are of 
course made by the local board having jurisdiction. 

SANITARY REGULATIONS 

RECOMMENDED FOR ADOPTION BY LOCAL BOARDS OF 
HEALTH. 

Section 1. Nuisances defined. —Whatever is dan- 
gerous to human life or health; whatever building, or 
part or cellar thereof, is overcrowded or not provided 
with adequate means of ingress and egress, or is not 
sufficiently supported, ventilated, sewered, drained, 



Boabds op Health. 85 

lighted or cleaned; and whatever renders soil, air, water 
or food impure or unwholesome, are declared to be nui- 
sances and to be illegal; and every person having aided 
in creating or contributing to the same, or who may 
support, continue or retain any of them, shall be deemed 
guilty of a violation of this ordinance, and shall also be 
liable for the expense of the abatement or remedy 
required. 

§ 2. Privies, cess-pools, etc. — No privy-pit, cess- 
pool or reservoir into which any privy, water-closet, 
stable, sink or other receptacle of refuse or sewage is 
drained, shall be constructed or maintained in any situa- 
tion or in any manner whereby, through leakage or over- 
flow of its contents, it may cause pollution of the soil 
nearer about habitations, or of any well, spring or other 
source of water used for drinking or culinary purposes; 
nor shall the overflow from any such reservoir or re- 
ceptacle be permitted to discharge into any public place 
or in anywise whereby danger to health may be caused. 
And every such pit, reservoir or receptacle shall be 
cleaned and the contents thereof removed at such times 
and under such precautions as the board of health may 
prescribe. Violation of any of the provisions of this 
ordinance shall subject the offending party to a penalty 

of for each day's continuance of the nuisance 

after due notice to abate it from an authorized officer. 

§ 3. Sewers, drains, etc. — All house-sewers or 
drains for the conveyance of deleterious or offensive 
matters shall be water-tight, and the plans and methods 
of their construction shall be subject to the approval of 
the board of health. In streets or avenues where pub- 
lic sewers are or shall be constructed, the board of 
health may order house-connections to be made there- 
with. 



86 A Manual for 

§ 4. House-refuse, garbage, etc.— No house-refuse, 
offal, garbage, dead animals, decaying vegetable matter, 
or organic waste-substance of any kind, shall be thrown 
upon any street, road or public place, and no putrid or 
decaying animal or vegetable matter shall be kept in 
any house, cellar or adjoining outbuilding for more than 
twenty-four hours. Violation of any of the provisions 
of this ordinance shall subject the offending party to a 
penalty of 

§ 5. Filled-in or made land. — No sunken places 
shall be filled, nor made land constructed, with any 
materials containing an admixture of putrescible animal 

or vegetable matter, under a penalty of for 

each cart load, or part thereof, of such materials de- 
posited. 

§ 6. Noxious trades. — No person or company shall 
erect or maintain any manufactory or place of business 
dangerous to life or detrimental to health, or where un- 
wholesome, offensive or deleterious odors, gas, smoke, 
deposit or exhalations are generated, without the permit 
of the board of health, and all such establishments shall 
be kept clean and wholesome so as not to be offensive or 
prejudicial to public health ; nor shall any offensive or 
deleterious waste-substance, gas-tar, sludge, refuse or in- 
jurious matter be allowed to accumulate upon the premi- 
ses or be thrown or allowed to run into any public waters, 
stream, water-course, street or public place. And every 
person or company conducting such manufacture or busi- 
ness shall use the best approved and all reasonable means 
to prevent the escape of smoke, gases and odors, and to 
protect the health and safety of all operatives employed 
therein. Any violation of any of the provisions of this 
ordinance shall subject the offending party to a penalty 
of dollars for each offense. 



Boards of Health. 87 

§7. Unwholesome food. — No meat, fish, bird, 
fruit, or vegetables, milk, or anything for human 
food or drink, not being then fresh or properly preserved, 
sound, wholesome and safe for such use ; nor any flesh 
of any animal which died by disease, or which was at the 
time of its death in a sickly or unwholesome condition ; 
nor the carcass or meat of any calf which was at the date 
of its death less than four weeks old, or of any lamb 
which was at the date of its death less than eight weeks 
old, or of any pig which was at the date of its death less 
than five weeks old shall be brought within the limits of 
this municipality nor offered or held for sale as food 
therein. Any violation of any of the provisions of this 
ordinance shall subject the offending party to a penalty 

of and by the seizure and destruction of such 

unsound, unwholesome, or immature food substances. 

§ 8. Slaughter-houses, markets, etc. — No person 
or persons, without the consent of the board of health 
shall build or use any slaughter-house within the limits 
of this municipality and the keeping and slaughtering of 
all cattle, sheep and swine, and the preparation and keep- 
ing of all meat, fish, birds, or other animal food, shall be 
in the manner best adapted to secure and continue 
their wholesomeness as food ; and every butcher or other 
person owning, leasing or occupying any place, room or 
building wherein any cattle, sheep or swine have been or 
are killed or dressed, and every person being the owner, 
lessee or occupant of any room or stable wherein any 
animals are kept, or of any market, public or private, 
shall cause such place, room, building, stable or market, 
and their yards and appurtenances, to be thoroughly 
cleansed and purified, and all offal, blood, fat, garbage, 
refuse and unwholesome and offensive matter to be re- 
moved therefrom at least once in every twenty-four hours 



88 A Manual foe 

after the use thereof for any of the purposes herein re- 
ferred to, and shall also at all times keep all wood work, 
save floors and counters, in any building, place or premi- 
ses aforesaid thoroughly painted or whitewashed; and 
the floors of such building, place or premises shall be so 
constructed as to prevent blood or foul liquids or wash- 
ings from settling in the earth beneath. Any violation 
of any of the provisions of this ordinance shall subject 

the offending party to a penalty of for each 

day's continuance or repetition of the offense. 

§ 9. Notification of infectious disease. — Every 
householder or head of family in a house wherein any 
case of infectious disease may occur shall report the 
same to the board of health or to the health officer 
within twelve hours from the time of his or her first 
knowledge of the nature of such disease ; and, until in- 
structions are received from the said board or the 
health officer, shall not permit any clothing or other 
article which may have been exposed to infection to 
be removed from the house ; nor shall any occupant 
change his residence elsewhere without the consent of 
the said board or health officer. 

Every physician who may be called to attend a case 
of infectious disease shall, as soon as he discovers the 
nature thereof, make a written report specifying the 
name and residence of the patient, the nature of the 
disease, and any other facts relating thereto which he 
may deem important to the public health, and affix the 
date and sign his name thereto, and he shall transmit 
the same to the board of health within twelve hours as 
above provided. The diseases to be thus promptly 
reported are: Asiatic cholera, yellow fever, typhus and 
typhoid fevers, small-pox, scarlet fever, measles, diph- 
theria and membranous croup. Any violation of any 



Boards of Health. 89 

of the provisions of this ordinance shall subject the 
offending party to a penalty of , 

§ 10. Importation of infected persons or things. 
— No person or article liable tc propagate a dangerous 
disease shall be brought within the limits of this muni- 
cipality unless by the special permit and direction of 
the board of health; and anyone haying knowledge thaf 
such person or article has been brought within such 
limits shall immediately notify the said board thereof. 
Any violation of any of the provisions of this ordinance 
shall subject the offending party to a penalty of 

§ 11. Exposure of infected persons or things.— 
No person shall, within the limits of this municipality, 
unless by permit of the board of health, carry or remove 
from one building to another any patient affected with 
any contagious or infectious disease. Nor shall any 
person, by any exposure of any individual so affected, or 
of the body of such individual, or of any article capable 
of conveying contagion or infection, or by any negligent 
act connected with the care or custody thereof, or by a 
needless exposure of himself or herself, cause or con- 
tribute to the spread of disease from any such individual 
or dead body. Any violation of any of the provisions of 
this ordinance shall subject the offending party to a 
penalty of not less than 

§ 12. Funerals after infectious diseases.— There 
shall not be a public or church funeral of any person 
who has died of Asiatic cholera, small-pox, typhus 
fever, diphtheria, membranous croup, scarlet fever or 
measles, without the permit of the board of health 
therefor; and the family of the deceased shall in all such 
cases limit the attendance to as few as possible, and 
take all precautions possible to prevent the exposure of 
other persons to contagion or infection. Any violation 
12 



90 A Manual for 

of any of the provisions of this ordinance shall subject 
the offending party to a penalty of . . . . .... 

§13. Infectious diseases of animals.— No ani- 
mal affected with an infectious or contagious disease 
shall be brought or kept within the limits of this mu- 
nicipality, except by the permission of the board of 
health; and the bodies of animals dead of such disease 
or killed on account thereof, shall not be buried within 
five hundred feet of any residence, nor disposed of other- 
wise than as the said board or its health officer shall 
direct. Any violation of any of the provisions of this 
ordinance shall subject the offending party to a penalty 
of 

§ 14. Reports of marriages and births. — It shall 
be the duty of the groom in every marriage, or the 
cleryman or magistrate performing the ceremony, and 
of the parents or custodian of every child born, to 
make sure that the prescribed report of such marriage 
or birth is presented to the board of health or its regis- 
tering officer within thirty days, under a penalty of 

for failure to do so; and for each ten days of 

continued neglect to present such report, after the ex- 
piration of the first thirty days, an additional penalty of 
....... .shall be incurred. 

§ 18. It shall be the duty of the physician or midwife 
in attendance at every birth to write out and sign, upon 
the form prescribed by the state board of health, the 
certificate of such birth, and leave it with the parent 

or guardian of the child within days of such 

birth. Any violation of the provisions of this ordi- 
nance shall subject the offending party to a penalty of 



§16. Certificates of death and burial permits — 

Every undertaker or other person who may have charge 



Boards of Health. 91 

of the funeral of any dead person, shall procure a 
properly filled-out certificate of the death and its prob- 
able cause, in accordance with the form prescribed by 
the state board of health, and shall present the same to 
the designated officer or member of the board of health, 
and obtain a burial or transit permit thereupon, at least 
twenty-four hours before the time appointed for such 
funeral; and he shall not remove any dead body until such 
burial or transit permit shall have been procured. Any 
violation of any of the provisions of this ordinance shall 
subject the offending party to a penalty of 

§ 17. It shall be the duty of the physician last in 
attendance upon any person who may die within the 
limits of the jurisdiction of this board of health, to write 
out and sign without delay, upon the form prescribed 
by the state board of health, the professional certificate 
of the death and send it to or leave it with the family 
of the deceased, or hand or send it to the undertaker in 
charge of the remains. In case an inquest has been re- 
quired by law, the coroner shall fill out the said certifi- 
cate, and if no inquest has been required by law aud no 
physician has been in attendance, the certificate shall be 
filled out, setting forth the probable or believed cause of 
death, by some reputable person known to the officer 
issuing the burial or transit burial permit, and the said 
person shall also make affidavit to the facts set forth in 
the certificate, which affidavit must be attached to said 
certificate. Any violation of the provisions of this 
ordinance shall subject the offending party to a penalty 
of 

§18. Sextons, cemetery keepers, etc. — Every 
person who acts as a sexton, or undertaker, or cemetery 
keeper, within the limits of this municipality, or has 
the charge or care of any tomb, vault, burying ground 



92 A Manual for 

or other place for the reception of the dead, or where 
the bodies of any human beings are deposited, shall so 
conduct his business and so care for any such place 
above named, as to avoid detriment or danger to public 
health ; and every person undertaking preparations for 
the burial of a body dead from contagions or infectious 
disease, as hereinbefore enumerated, shall adopt such 
precautions as the board of health may prescribe to pre- 
vent the spread of such disease. Any violation of any 
of the provisions of this ordinance shall subject the 
offending party to a penalty of 

§ 19. Duties and powers of health officer. — The 
health officer is directed and empowered to execute and 
enforce all sanitary regulations of general obligation 
now or hereafter to be published by this board ; also to 
enter upon or within any premises where conditions 
dangerous to the public health are known or believed to 
exist, and to examine into the nature of complaints 
made by any of the inhabitants concerning sources of 
danger or injury to health ; and he shall preserve accu- 
rate records of his official actions and report the same to 
the board of health at its next meeting. And when- 
ever, in his judgment, danger to public health shall 
arise requiring special regulation not of gensral applica- 
tion, he shall forthwith notify the president of the board 
of health, who shall thereupon convene the board to 
take such action as may be necessary and proper. 

§ 20. Penalties. — Every person who willfully vio- 
lates or refuses to comply with, or who resists any ordi- 
nance, order, regulation or resolution of the board of 
health of this municipality will be liable to the arrest, 
action, penalty, fine and punishment provided and 
declared in the Public Health Law, chapter 25 of the 
General Laws, 1893, of which notice must be taken. 



Boakds of Health. 93 

§ 74. Circulars relating to prevention of certain 

diseases. — Diphtheria, scarlet fever and small-pox are 
all preventible diseases if proper measures be taken to 
exclude them. I am not to be understood as saying 
that if boards of health exercise great vigilance no more 
cases of these diseases will be developed. I mean that 
by care and precaution the spread of each and all can be 
stopped, and in addition, the germs left by anyone case 
can be destroyed so thoroughly that none will remain to 
cause more cases when the conditions shall become favor- 
able to their activity. As a guide and aid to local boards 
of health, the state board has issued the following cir- 
culars, and if attention is given to their contents, and 
the suggestions carefully followed, much may be done 
towards lessening the number of cases now reported. 
Small-pox is rarely found to be epidemic at any place 
within the state now, for so active are the health author- 
ities in dealing with this disease when it makes its 
appearance, that one or two cases generally end the out- 
break. Could the same decisive measures be taken 
against diphtheria and scarlet fever, like result would 
follow. 

PREVENTION OF DIPHTHERIA. 

Diphtheria is a preventable disease. Its existence de- 
pends on conditions that can generally be controlled. 
It may appear in any community, but it should not be 
allowed to develop beyond the first case or cases, that 
make their appearance. 

CONDITION'S ON WHICH IT DEPENDS. 

Diphtheria probably always originates from a special 
poison which develops in the person sick with it. This 
special poison is given off in the breath, in the dis- 



94 A Manual for 

charges from the mouth, throat and nose, and in some 
degree, in those from the bowels and bladder. 

The virus has the property of adhering tenaciously to 
objects on which it happens to alight. By reason of this, 
the sick room, its floor, walls, furniture, and all its con- 
tents become infected with the disease, and continue to 
be so until the virus is destroyed by cleansing and fumi- 
gation. 

The disease may also be carried away by any. article 
coming in contact with the sick, and to which the virus 
clings, by the clothing, bedding, eating utensils, food, 
toys, and also by the persons and clothing of those in 
attendance upon the patient. 

Another important fact is that the virus is very long 
lived; articles and premises infected with it, may com- 
municate the disease for at least several weeks; it may 
be transported by them with great facility, and to an 
indefinite distance. 

A final important point is that bad sanitary conditions 
favor the development and propagation of the diphtheritic 
virus. It grows best in places that are damp and foul 
and ill-ventilated; in cellars moist by imperfect drain- 
age, and defiled by uncleanly accumulations in the soil 
about it; in damp, un ventilated spaces under floors; in 
cess-pools, drains and sewers, or any place where there 
is dampness, filth and imperfect access of fresh air. In 
large cities, the sewers furnish so favorable a place for 
the growth of this virus when it gets into them, and its 
vitality is so great under such surroundings, that their 
infection may become permanent; no similar conditions, 
however, need exist in small localities. 

Diphtheria is contracted by inhalation of air contain- 
ing the disease-germs coming directly from the sick, or 
from articles infected by them. It is also communicated 



Boards of Health. 95 

by articles passing from mouth to mouth, such as cups, 
spoons aud toys. The articles by which it is communi- 
cated may have become infected weeks before, and possi- 
bly at some locality quite remote. It is contracted by 
inhaling the air of sewers, cess-pools, cellars, or any 
damp, foul or ill-yentilated place in which the disease- 
germs chance to have become planted. Children con- 
tract diphtheria much more readily than adults. 

SUPPRESSION OF DIPHTHERIA. 

Every locality is liable to have diphtheria brought into 
it. It will not continue long if the principal conditions 
on which its existence mainly depends are removed; if 
the sick are strictly secluded, the disease-germs destroyed, 
and all unsanitary conditions which favor their continued 
development removed. 

1. Isolation. — Those sick with diphtheria should 
be isolated from every one except necessary attendants. 
This should be done with mild cases as well as severe 
ones. They should be placed in an upper, airy room, as 
remote as possible from other living and sleeping rooms. 
Needless furniture and other articles should be removed 
from the room. Allow the windows to be open, for the 
poison does not go far away in the atmosphere; give 
sunshine and fresh air constantly. 

The attendants should remember that they carry with 
them the poison of the disease, and they must keep en- 
tirely away from others, especially from children, who 
take diphtheria most readily. No article should leave 
the room without cleansing or disinfection. Utensils 
used by the sick should be well cleansed before use by 
others. Food left by them should be destroyed. Bed 
and body clothing should, before being taken from the 



96 A Manual for 

room, be placed in disinfectant No. 2, boiling hot, if 
possible. Cats and dogs should be excluded. 

The discharges from the mouth and nose must be re- 
received on cloths that can be burned, or in cups that 
can be disinfected. Vessels for receiving the discharges 
from the mouth, nose, kidneys and bowels should con- 
tain some of disinfectant No. 1 or 3, and after use should 
be cleansed with boiling water. 

The patient must not mingle with the well until all 
traces of the disease have left the throat and nose. Be- 
fore leaving the sick-room the body should be thoroughly 
washed, and fresh, uninfected clothing should be put 
on, leaving every thing else behind to be disinfected. 
Nurses must observe the same final precautions. 

2. General precautions. — All should avoid sources 
of contagion. Well children had better be removed en- 
tirely from the house, but should be kept under obser- 
vation, and if diphtheria develops brought home again 
so as not to establish a new center. Persons remaining 
in the house should not go to school, church or any gen- 
eral gathering, nor to any house where there are young 
persons. If the disease has secured a foothold in a 
locality, every case of sore throat should be regarded as 
suspicious and excluded from schools and from contact 
with other children. It would be well to make sure 
that milk is not taken from a dairy where the disease 
exists. 

3. Sanitary precautions. — Houses should be kept 
clean, dry and well- ventilated ; particular attention 
should be given to the cellar. Drain pipes and fixtures 
should be perfect. The premises should be well-drained, 
leeching cess-pools and privy-vaults removed, all de- 
composing accumulations of garbage or stable manure 
cleared away and the place made in every way clean. 



Boards of Health. 97 

These precautions are to be especially observed about 
domiciles where the disease exists. The condition of 
school-houses should not be overlooked. 

4. In case of death the body should be inclosed in a 
sheet saturated with disinfectant No. 3, placed in a tight 
coffin not afterward opened, and burial should be private 
and with as little delay as possible. 

DISINFECTION. 

1. Of the room. — During its occupancy as a sick- 
room, the precautions suggested above as to destruction 
of disease germs attached to articles of any sort before 
their removal from it should be carefully observed. At 
the termination of the quarantine the room should be 
tightly closed and with all its infected contents fumi- 
gated with the fumes of burning sulphur or of chlorine, 
which, especially if the latter is used, should be done 
only by a competent person. Arrange all the contents 
of the room so that their surfaces are readily reached by 
the disinfecting gas. The room should remain closed 
for twenty-four hours, after which it and its contents 
should be aired thoroughly for several days. The 
woodwork should also be thoroughly washed, especially 
the tops of doors and windows, and solution No. 2 or 3 
applied. Ceilings should be whitewashed and wall 
paper removed, and the walls washed with one of the 
disinfectant solutions. 

Sulphur fumigation. — Roll sulphur, in the propor- 
tion of two pounds for a room ten feet square, is burned 
by placing it in an iron kettle, set in a tub containing a 
little water to guard against fire. It may be ignited by 
pouring a little alcohol or kerosene on it. 

Chlorine fumigation. — Mix well, breaking up all 
lumps, one part by measure of black oxide of manganese 
13 



98 A Manual for 

and two of common salt, and add enough water to make 
of the consistency of cream. A teacupful of this mix- 
ture is to be put into a large earthen vessel, as a wash- 
bowl, one or two of which may be placed in each room. 
About an equal bulk of commercial sulphuric acid is to 
be finally poured into each vessel, beginning with the 
most remote, the person retiring quickly ; it is best to 
pour this from a pitcher; avoid inhaling the fumes by 
holding a handkerchief over the face. 

2. Of the premises. — The entire house should be 
thoroughly cleansed. The premises also should be 
cleared of all unsanitary conditions, and all drains, privy 
vaults and sites of uncleanly accumulations drenched 
with solution No 1. 

DISINFECTANT SOLUTIONS. 

No. 1. Sulphate of iron (copperas), three pounds, 
warm water, one gallon; for the discharges. This leaves 
rust spots on clothing. 

No. 2. Sulphate of zinc (white vitriol), four ounces; 
common salt, two ounces ; water, one gallon. For 
clothing. 

No. 3. Corrosive sublimate, sixty grains; water, one 
gallon. Caution should be had of the dangerously pois- 
onous character of this solution; it is well, as a precau- 
tion, to color it by adding an equal quantity (sixty grains 
to the gallon) of permanganate of potash, with which, 
however, it stains fabrics, etc. To wash furniture and 
woodwork. 

PEEVENTION OF SCARLET FEVER 

Scarlet fever is a preventable disease. It will not 
spread if careful attention is paid to the rules for its re- 
striction. Parents, teachers and all who have the care 



Boaeds of Health. 99 

of children can do much to guard against the occurrence 
of infection. 

CONDITIONS ON WHICH IT DEPENDS. 

Scarlet fever is a disease of early life. Less than five 
per cent of cases occur after the age of fifteen, and two- 
thirds of all the deaths from it occur in the first five 
years of childhood. Especial care should, therefore, be 
taken to protect children from exposure to it. 

It varies much in severity, being generally a danger- 
ous and deadly disease, but it is sometimes so mild as to 
elude notice. The spread of the disease is not infre- 
quently increased by failure to detect these mild cases. 
During the prevalence of an epidemic, cases of sore 
throat among school children, or children from an in- 
fected house, should be regarded with suspicion. Severe 
cases may originate from a mild one. 

It is infectious from the beginning throughout the 
course of the illness, and even after all traces of the dis- 
ease have apparently disappeared from the throat and 
skin. It is taken by contact with the sick or with arti- 
cles that have become infected by proximity to them, 
or from the room which they have occupied. The dis- 
ease may be carried away to a distance by infected cloth- 
ing or other articles and so communicated, and persons 
who have been about the sick, even for but for a very 
short time, may convey the disease to others. It may 
probably be communicated dso by milk into which the 
germs of the disease have found their way through 
proximity to the sick or their surroundings. 

Scarlet fever, probably, always originates from a 
special poison, which develops in the person sick with 
it. This poison is given off in the breath, the dis- 
charges from the body and the scales from the skin. It 



100 A Manual for 

has the property of adhering tenaciously to objects on 
which it happens to alight. By reason of this the sick 
room, its floor, walls and all its contents, especially the 
bedding, clothing and other articles most closely about 
the sick, become infected with the disease, and continue 
to be so until the virus is destroyed by cleansing and 
fumigation. This virus is very long lived, so that in- 
fected articles may communicate the disease months 
after they become infected. Such infected articles may 
be the means of carrying the disease to another locality, 
possibly quite remote, and, in fact, this is the most com- 
mon way for the disease to originate. 

SUPPRESSION OF SCARLET FEVER. 

Although a very infectious disease its spread can be 
controlled by keeping the well away from the sick, and 
destroying the infection before it can be scattered 
abroad. 

General precautions. — All should avoid sources of 
contagion. It should be borne in mind that adults, 
although but slightly susceptible to the disease, may 
carry it away to others after but a momentary exposure. 
Those who remain in the house whore there are cases of 
the disease, even if th°y never enter the sick room, 
should carefully avoid contact with others and should 
not go to school, church or any general gathering nor 
to any house where there are young persons. If the 
disease has secured a foothold in a locality, every case 
of sore throat, or presenting other symptoms found in 
scarlet fever, should be regarded as suspicious and ex- 
cluded from school and from contact with other children 
until its character is determined. It would be well to 
make sure that milk is not taken from a dairy where 
the disease exists. 



Boards of Health. 101 

Isolation. — Those sick with scarlet fever should be 
isolated from every one except necessary attendants. 
This should be done with mild cases as well as severe 
ones. They should be placed in an upper airy room as 
remote as possible from other living and sleeping rooms. 
Needless furniture, carpets, curtains, unused clothing 
and other articles which can catch and retain the poison 
of the disease, and which may be injured by disinfection, 
should be removed from the room. 

The attendants should remember that they carry with 
them the poison of the disease, and they must keep en- 
tirely away from others, especially from children, who 
take scarlet fever most readily. No person except those 
needed for the care of the sick should be allowed to 
visit the sick room, especially those who have the care 
of or come in contact with children. Cats and dogs 
should be excluded. 

No article should be allowed to leave the room with- 
out cleansing or disinfection. Utensils used by the sick 
should, be well cleansed before use by others. Food left 
by them should be destroyed. Bed and body clothing, 
before being taken from the room, should be placed in 
disinfectant No. 2 boiling hot if possible; at least it 
should be taken from the room wet with and afterward 
boiled in the solution. 

The discharges from the throat and nose must be 
received in cloths that can be burned or in cups that 
can be disinfected. The discharges from the bowels 
and kidneys should be disinfected with one of the disin- 
fectant solutions, and afterward buried some distance 
from the dwelling. 

The room should be ventilated as thoroughly and con- 
stantly as possible without incurring the danger of 
draughts. The entire house ought to be kept clean, 



102 A Manual for 

dry and well ventilated. During the period of desqua- 
mation it is well that frequent inunction of the body 
with oil or fatty matter be performed, as by this means 
the scattering of the scales thrown off from the skin, 
which contain the contagion of the disease, may be much 
lessened. 

Before leaving the sick-room the body should be 
thoroughly washed, not omitting the head, and fresh, 
uninfected clothing put on, leaving everything else be- 
hind to be disinfected. Nurses must observe the same 
final precautions. The patient should not be allowed to 
go to school or to mingle in any way with the public for 
at least five weeks after subsidence of the fever and rash. 

In case of death the body should be inclosed in a sheet 
saturated with disinfectant 2 or 3, placed in a tight 
coffin, not afterwards opened, and burial should be pri- 
vate and with as little delay as possible. 

DISINFECTION. 

Of the room. — During its occupancy as a sick-room, 
the precautions suggested above as to destruction of 
disease germs attached to articles of any sort before their 
removal from it should be carefully observed. At the 
termination of the quarantine the room should be tightly 
closed and, with all its infected contents, fumigated with 
the fumes of burning sulphur or of chlorine, which, 
especially if the latter is used, should be done, only by 
a competent person, as the fumes are poisonous. Ar- 
range all the contents of the room so that their surfaces 
are readily reached by the disinfecting gas. The room 
should remain closed for twenty-four hours, after which 
it and its contents should be aired thoroughly for several 
days. The woodwork should also be thoroughly washed, 
especially the tops of doors and windows, and solution 



Boards of Health. 103 

No. 2 or 3 applied. Ceilings should be whitewashed 
and wall paper removed, and the walls washed with one 
of the disinfectant solutions. In addition, all things of 
but little value which have been in the room should be 
burned, clothing and furnishings which can be so 
treated should be boiled, and other things exposed to 
fresh air for several days. The entire house ought to be 
cleansed and ventilated before being open to the public. 

Sulphur fumigation. — Roll sulphur, in the propor- 
tion of two pounds for a room ten feet square, is burned 
by placing it in an iron kettle, set in a tub containing a 
little water to guard against fire. It may be ignited by 
pouring a little alcohol or kerosene on it. 

Chlorine fumigation. — Mix well, breaking up all 
lump, sone part by measure of black oxide of manganese 
and two of common salt, and add enough water to make 
of the consistency of cream. A teacupful of this mix- 
ture is to be put into a large earthen vessel, as a wash- 
bowl, one or two of which may be placed in each room. 
About an equal bulk of commercial sulphuric acid is to 
be finally poured into each vessel beginning with the 
most remote, the person retiring, quickly ; it is best to 
pour this from a pitcher ; avoid inhaling the flumes by 
holding a handkerchief over the face. 

DISINFECTANT SOLUTIONS. 

No. 1. Sulphate of iron (copperas), three pounds ; 
warm water, one gallon ; for the discharges. This 
leaves rust spots on clothing. 

No. 2. Sulphate of zinc (white vitriol) four ounces ; 
common salt, two ounces ; water, one gallon, for cloth- 
ing, etc. 

No. 3. Corrosive sublimate (bichloride of mercury), 
sixty grains ; water, one gallon. It should be kept in 



104 A Manual for 

wooden or earthen vessels. Caution should be had of 
the dangerously poisonous character of this solution ; it 
is well as a precaution to color it by adding an equal 
quantity (sixty grains to the gallon) of permanganate of 
potash, with which, however, it stains fabrics. To wash 
woodwork and furniture, or for other disinfectant use. 
No. 4. Chloride of lime of best quality, four ounces ; 
soft water, one gallon. If good material is used, this is 
one of the most reliable disinfectants, and may be used 
for most purposes. 

PREVENTION OF SMALL-POX. 

Small-pox is a preventable disease. It is contracted 
only by exposure to emanations from the body of the 
sick, or from articles used by them or exposed in their 
vicinity. It is taken only by those who are unprotected 
by vaccination, and is liable to appear in any place where 
there are unvaccinated persons. Its spread is prevented 
by separating the sick entirely from all but necessary 
attendants and by vaccinating all in their vicinity. 

I. BINDING ON SCHOOL TRUSTEES. 
ARTICLE XII, SECTION 200, CHAPTER 661, LAWS OF 1893. 

Vaccination of school children. — No child or per- 
son not vaccinated shail be admitted or received into 
any of the public schools in the state, and the trustees 
or other officers having the charge, management or con- 
trol of such schools shall cause this provision of law to 
be enforced. They may adopt a resolution excluding 
such children and persons not vaccinated from such 
school until vaccinated, and when any such resolution 
has been adopted, they shall give at least ten days' 
notice thereof, by posting copies of the same in at least 



Boakds of Health. 105 

two public and conspicuous places within the limits of 
the school government, and shall announce therein that 
due provision has been made, specifying it, for the vac- 
cination of any child or person of suitable age desiring 
to attend the school, and whose parents or guardians 
are unable to procure vaccination for them, or who are, 
by reason of poverty, exempted from taxation in such 
district. 

II. BINDING ON LOCAL BOARDS OF HEALTH. 

AKTICLE II, SECTION 24. 

Contagious and infectious diseases. — Every such 
local board of health shall guard against the introduction 
of contagious and infectious diseases by the exercise of 
proper and vigilant medical inspection and control of all 
persons and things arriving in the municipality from in- 
fected places, or which from any cause are liable to com- 
municate contagion. It shall require the isolation of all 
persons and things infected with or exposed to such 
diseases, and provide suitable places for the treatment 
and care of sick persons who cannot otherwise be pro- 
vided for. It shall prohibit and prevent all intercourse 
and communication with or use of infected premises, 
places and things, and require, and, if necessary, provide 
the means for the thorough purification and cleansing of 
the same before general intercourse with the same or use 
thereof shall be allowed. It shall report to the state 
board of health, promptly, the facts relating to contagi- 
ous and infectious diseases, and every case of small-pox 
or varioloid within the municipality. Health officers of 
villages and towns shall report in writing once a month 
to the state board of health all cases of such infectious 
and contagious diseases as may be required by the state 
board of health, and for such reporting the health officer 
14 



106 A Manual for 

shall be paid by the municipality employing him, upon 
the certification of the state board of health, a sum not 
to exceed twenty cents for each case so reported ; and 
the health officer shall report annually on or before the 
first day of January in each year, the number of cases of 
consumption which have existed in his jurisdiction dur- 
ing that year, and for each case thus reported, he shall 
receive a sum not to exceed ten cents, to be paid in the 
same manner as the other like charges are paid. It shall 
provide, at stated intervals, a suitable supply of vaccine 
virus, of a quality and from a source approved by the 
state board of health, and during an actual epidemic of 
small-pox obtain fresh supplies of such virus at intervals 
not exceeding one week, and at all times provide thorough 
and safe vaccination for all persons in need of the same. 
If a pestilential, infectious or contagious disease exists 
in any county alms-house or its vicinity, and the phy- 
sician thereof shall certify that such disease is likely to 
endanger the health of its inmates, the county superin- 
tendent of the poor may cause such inmates or any of 
them to be removed to such other suitable place in the 
county as the local board of health of the municipality 
where the alms-house is situated, may designate, there 
to be maintained and provided for at the expense of the 
county, with all necessary medical care and attendance 
until they shall be safely returned to such alms-house or 
otherwise discharged. The boards of health of the cities 
of New York, Brooklyn, Buffalo, Albany and Yonkers, 
shall report promptly to the state board all cases of 
small-pox, typhus and yellow fever and cholera and the 
facts relating thereto. 



Boards of Health. 107 

what to do whe^ small-pox occurs. 

1. Eemove sick at once to some place provided by 
health or town authorities, where perfect isolation can 
be had. (See law governing boards of health above.) 
A separate place, or even a hut constructed for the pur- 
pose, should be so prepared as to be safer for the sick 
than any ordinary dwelling-rooms ; that is, that the 
fresh air and sanitary care and nursing shall be the 
best possible, and that it shall be an apartment and 
locality from which the contagion will not be spread 
abroad. 

2. If removal is impracticable place the sick in an 
upper, airy room, where complete seclusion can be 
effected. This room should be stripped of all carpets, 
upholstered stuff, furniture, clothing, quilts, feather 
beds, and all articles of any sort not absolutely necessary 
for the use of the sick. Let it be understood from the 
first that bedding, clothing, to wis and cloths used by the 
sick should finally be burned. In such room, with open 
windows and an open fire, keep the sick and nurses 
entirely separated (quarantined) from all other persons, 
and allow no person to enter it or to touch the bedding 
or clothing used by the sick. No article should be 
removed from the room until cleansed, disinfected or 
fumigated. On recovery, the skin being entirely healed 
and free from all scabs, the patient and nurse must 
cleanse their bodies carefully, and put on entirely fresh, 
uninfected clothing before vacating the sick-room, leav- 
ing everything behind for disinfection. 

3. Let all persons who are near the sick be immedi- 
ately vaccinated afresh. No delay or objection should 
prevent the vaccination of all persons who have been in 
any manner exposed, or suspected of exposure, to the 



108 A Manual for 

contagion. A former vaccination, unless recent and 
effective, is not to be relied upon as protective. All 
living in the surrounding neighborhood ought to be 
vaccinated. If fresh vaccine is not at hand, the physi- 
cian or health officer should immediately telegraph the 
state board of health. 

4. In case of death the body should be inclosed in a 
sheet saturated with disinfectant solution No. 3, and 
put into a tight coffin which should not afterward be 
opened. Burial should be performed with as little de- 
lay as possible, and entirely privately. 

INSTRUCTION'S FOR DISINFECTION". 

(1.) In the sick-room. — The most available agents 
are fresh air and cleanliness. The clothing, towels, bed- 
linen, etc., which for any reason are not burned, should, 
on removal from the patient, and before they are taken 
from the room, be placed in a pail or tub of solution 
No. 2 boiling hot, if possible, and then in boiling water 
for washing. ■ Prolonged heat, as in above 212° F., is 
the most thorough disinfectant. All vessels used for 
receiving the discharges from the sick should have some 
of disinfectant No 1 or 3 constantly therein, and after 
use should be cleansed with boiling water. 

(2.) Fumigation. — At the termination of quaran- 
tine the rooms are to be fumigated with the fumes of 
burning sulphur or of chlorine. After the room is 
vacated, close it as tightly as possible, stopping all win- 
dows, chimney or other outlets. Arrange all the con- 
tents of the room so that their surfaces may be reached 
by the disinfectant gas. When prepared the gas is 
generated, which should be done only by a competent 
person, and the room is to remain closed for twenty- 
four hours, after which it and its contents should be 



Boards of Health. 109 

aired thoroughly for several days. The woodwork 
should also be thoroughly washed, especially the tops of 
doors and windows, and solution No. 2 or 3 applied. 
Ceilings should be whitewashed and wall paper removed 
and the walls washed with one of the disinfectant solu- 
tions. 

Sulphur fumigation. — Roll sulphur, in the propor- 
tion of two pounds for a room ten feet square, is burned 
by placing it in an iron kettle, set in a tub containing a 
little water to guard against fire. It may be ignited by 
pouring a little alcohol or kerosene on it. 

Chlorine fumigation. — Mix well, breaking np all 
lumps, one part by measure of black oxide of manganese 
and two of common salt, and add enough water to make 
of the consistency of cream. A teacupful of this mix- 
ture is to be put into a large earthen vessel, as a wash- 
bowl, one or two of which may be placed in each room. 
About an equal bulk of commercial sulphuric acid is to 
be finally poured into each vessel, beginning with the 
most remote, the person retiring quickly; it is best to 
pour this from a pitcher; avoid inhaling the fumes by 
holding a handkerchief over the face. 

III. DISINFECTANT SOLUTIONS. 

No. 1. Sulphate of iron (copperas), three pounds, warm 
water, one gallon; for the discharges. This leaves rust 
spots on clothing. 

No. 2. Sulphate of zinc (white vitriol), four ounces; 
common salt, two ounces; water, one gallon. For clothing 

No. 3. Corrosive sublimate, sixty grains; water, one 
gallon. Caution should be had of the dangerously poison- 
ous character of this solution. 

N. B. — Solutions of corrosive sublimate should not 
be placed in metal receptacles, for the salt is decom- 



110 A Manual for 

posed and the mercury precipitated by contact with 
copper, lead or tin. A wooden tub or earthen crock is 
a suitable receptacle for such solutions. 

§ 74. Precautions against cholera. — The follow- 
ing circulars were issued last year (1892), when cholera 
threatened to invade the state. The general directions 
set forth in them may well be observed by health authori- 
ties, as they apply equally to other epidemics besides 
cholera. The preambles to these circulars are not given 
here as they are not considered necessary, but the mat- 
ters to which attention should be directed are published 
in full. 

1. All streets, alleys, docks, yards, outhouses, cellars 
and other places where dirt collects to be cleaned. Con- 
stant inspection to be made to insure thorough compli- 
ance with orders. 

2. Eailroad stations should be provided with disin- 
fecting solutions, proper sprinkling pots, and what is re- 
quired to keep premises clean and constantly disinfected. 

3. Closets and urinals of stations to be clean and dis- 
infected. No accumulations of deleterious matter to be 
allowed. 

4. Water-closets and urinals of cars to be provided 
with receptacles for retaining the deposits, said recepta- 
cles to have disinfectants placed therein, and to be 
removed at intervals in such places, and in such manner 
as may be determined upon for the most perfect protec- 
tion against infection. 

5. Medical inspection of passengers, if the train comes 
from an infected station or country. If the exposure 
has not been sufficient to warrant the detention of pas- 
sengers, their names and destinations should be obtained 
and this department notified by telegram that it may 
warn the health authorities interested. 



Boards of Health. Ill 

6. Passengers found ill with cholera should be removed 
to proper hospitals provided for their reception. h Cars 
from which they are taken to be fumigated. 

7. Should any discharges from persons ill have fallen 
on the floor or platform of cars or stations, such dis- 
charges should be disinfected, removed in closed buckets 
and the place upon which they lay thoroughly cleaned. 

8. All cars coming from infected places, if remaining 
at the point of stopping, should be disinfected before 
being swept and the sweepings disinfected after collec- 
tion and burned. 

9. Where persons come from infected places or 
countries by wagon, on horseback, bicycles or on foot, 
inspection of the passenger or passengers should be made 
and disinfection of persons and clothing, or quarantine 
be instituted if considered necessary. 

10. Vessels of all kinds to be inspected and if from 
infected ports fumigated and disinfected. 

11. "Water-closets and urinals of river and lake boats 
should be closed while in dock. Proper receptacles 
containing disinfectants can be substituted so con- 
structed that removal can be easily made for emptying. 
The manner and places of deposit for the contents to be 
designated by the health authorities. 

12. Steamboats plying on rivers or small lakes whose 
waters are used for water supplies, to close water-closets 
and urinals and substitute proper receptacles contain- 
ing disinfectants which can be emptied at end of trip 
in such manner and in such place as may be designated 
by the health authorities. 

13. All passengers on boats or vessels and the crews 
thereof, to be inspected in same manner as if provided 
for passengers by trains. 

14. All clothing, bedding, bed clothes, table-linen, 



112 A Manual for 

merchandise or other article or articles capable of retain- 
ing germs and which have been exposed thereto, to be 
disinfected, or if necessary, destroyed. 

In addition to the above the following was published: 

HOSPITALS. 

1. Patients taken ill with cholera to be promptly and 
strictly isolated. When the case occurs in a crowded 
house, the patient to be removed to a suitable place for 
treatment. 

2. If no building can be procured suitable for hospital 
purposes, tents or temporary hospitals of wood should 
be erected. The administrative and kitchen portions of 
the hospital should be separated from the wards. 

3. Hospitals should be well ventilated and kept per- 
fectly clean, and have water-tight floors. 

4. If in large cities, reception hospitals for persons 
taken suddenly ill in the street should be established at 
convenient points. From there the patient should be 
transferred to the general hospital as soon as practicable. 

DISINFECTANTS. 

V. The following disinfectants are advised : 

1. Heat. — Continued high temperature destroys 

all forms of life. Boiling for one-half hour 
will destroy all disease germs. 

2. Carbolic acid. — Standard solution No. 1 is 

composed of six ounces of carbolic acid dis- 
solved in an equal quantity of glycerine, and 
then added to one gallon of hot water. This 
makes, approximately, a five per cent solution 
(one-twentieth) of carbolic acid. The com- 



Boards of Health. 113 

mercial colored, impure carbolic acid will not 
answer for this purpose. Great care must be 
taken that the pure acid does not come in con- 
tact with the skin. When practicable, the car- 
bolic solution should be used as hot as possible. 

3. Corrosive sublimate (bichloride of mer- 

cury). — Standard solution No. 2 is composed 
of sixty grains of pulverized corrosive sublimate 
and sixty grains of chloride of ammonia, dis- 
solved in one gallon of water. This solution 
must be kept in glass, earthen or wooden 
vessels (not in metal vessels.) 
The abcve solutions are very poisonous when taken by 
mouth, but are harmless when used externally. 

4. Chloride of lime may be used about premises 

in vaults and cess-pools. 

VI. Methods of disinfection: 

1. Hands and person. — Standard solution No. 

1 should be diluted with an equal amount 
of water. Hands soiled in caring for persons 
suffering from contagious diseases, or soiled 
portions of the patient's person, should be im- 
mediately and thoroughly washed in this solu- 
tion, and then washed in soap and water. The 
nails should be kept perfectly clean, and the 
hands should always be carefully disinfected 
before eating 

2, Soiled clothing, towels, napkins, bedding, 

etc., should be immediately immersed in stand- 
ard solution No 1, and soaked for twelve hours, 
being occasionally moved about in the fluid so 
as to bring the disinfectant in contact with all 
parts. They should then be wrung out and 
15 



114 A Manual for 

boiled in soapsuds for one hour. Articles such 
as beds, etc., that cannot be washed, should be 
burned. 

3. Discharges. — Of all kinds from patients suf- 

fering from contagious diseases, should be 
received into earthen vessels containing standard 
solution No. 1. Special care should be ob- 
served to disinfect at once the vomited matter 
and the intestinal discharges from cholera 
patients, as these alone contain the dangerous 
germs. The volume of the disinfecting solu- 
tion used should be at least five times as great 
as that of the discharge. After standing for 
at least one hour in the disinfecting solution, 
these discharges may be thrown into the water- 
closet. Bedding or clothing soiled by the dis- 
charges must be at once placed in solution No. 
1, and the hands of the attendants disinfected 
as described above. 

4. Closets, sinks, etc. — Each time the closet is 

used for infected material, at least one quart 
of solution No. 1 should be poured into the 
emptied pan and allowed to remain there. All 
discharges should be disinfected before being 
thrown into the closet. Sinks should be flushed 
at least once daily with the same solution. 

5. Dishes, spoons, etc. — Used by the patient 

stiould be kept for his exclusive use, should not 
be removed from the room, but should be 
washed there, first in solution No. 1, and 
then in hot soapsuds. These washing fluids 
should afterward be thrown into the water- 
closet. 



Boards of Health. 115 

6. Soiled woodwork, floors, plain furniture, 
etc. — Should be thoroughly washed with solu- 
tion No. 2. Upholstered furniture, curtains or 
carpets, which have been soiled by the dis- 
charges, should be referred to the health depart- 
ment for disinfection or destruction. 

It is important to remember that an abund- 
ance of fresh air, sunlight, and absolute clean- 
liness not only help protect the attendant from 
infection, but also aid in the recovery of the 
sick. 

VII. Food and water : 

Food and drink. — Food thoroughly cooked and 
drinks that have been boiled are free from 
disease germs. In presence of an epidemic of 
cholera or typhoid fever, milk and the water 
used for drinking, cooking, washing dishes, 
etc., should be boiled just before using, and all 
persons should avoid eating fruit, raw vege- 
tables and ice. Ice may, however, be used 
when ordered for the sick by a physician. 

§ 75. Certificates of births, marriages and 
deaths. How they shall be filled up. — The cer- 
tificates here given are not in the shape nor size 
required by the board, the page permitting neither. 
The subject-matter, however, is the same and each cer- 
tificate is filled out in the manuer desired in those 
returned to the health boards. The information sought 
by each certificate is that which experience has proved 
to be chiefly needed for reference, and it should be care- 
fully given. The answers to the questions asked by the 
blank forms are printed in italic as guides to the manner 



116 A Manual foe 

in which such certificates should be made out. Under 
each blank is placed its true measurement, and these 
sizes must be conformed to for the reasons previously 
stated. The stubs of certificates are not given, these 
containing synopses of the information set forth in the 
certificates and being in themselves the record retained 
by the persons making the certificates. The certificates 
should be so marked by crossing out the words not 
needed, as to show whether they are from a town, vil- 
lage or city, and the name of the county should be 
plainly written. Eegistrars or town clerks, familiar 
with the handwriting of those signing certificates, when 
the signatures are somewhat obscure, should rewrite 
them plainly so that no mistake may be made in the 
state registration. This duplication of the signature 
should not erase or obliterate the original, but should be 
made with pencil or pen anywhere on the margin of the 
certificate so as to call attention to the original and 
enable the state registrar to enter the name correctly. 



Boaeds of Health. 



117 



o 
w 

H 
<J 

CO 



to L— 

« i ^ 

« £ b 
o m r 

H 
PI 

H 

b 

H 

n 



38 



w g 

(u o 



ti rEl 



* 



^ to 

-J-» 

O a» 

o > 









<4H 









fc 







13 


**> 


o 


J 1 




u 


pi 





Pm £ 






.2 

o 

a 
O 



s| £ & 









a 



pq pq 



bfl ^ 



c^ *5 g 

u 



3 

15" 

I 



Ph 3 



On 






* 



fc °s Q 



lO VO t^ 00 



118 A Manual for 

[Endorsement on back of this certificate.] 

BIBTH E/E3TTJK/3ST. 

By whom, D. Smith. 
Name of Child in full, James Doe, 
When Born, May ist, 1893. 
Parents' Names, (Mother,) Margaret Roe. 
(F,) Thomas Doe. 



If the "given" name is not reported, it should be certified as soon as 
the child receives its full name. The proper forms (blanks) for attesting 
and returning the delayed "given" name can be obtained as directed 
below. 



Note. — Birth Returns and all Blanks are to be procured of Town, 
Village and City Boards of Health, for the Registry of Births, Marriages 
and Deaths. 

>e® => This Certificate is to be sent to the State Bureau of Vital Statistics 
on or before the 15th of the next month, after its date. 

[Size of blank, 7% by 5 inches.] 



Boards of Health. 



119 









a 

• 1H 


■a" 








^ 








T3 


o 






1 


^ 








•s 








. s 


8 


w 


^ 




2 


fc 
* 








<2 


< 






4 


5 








1 




<4H 
O 




g 








* ^ 

^ * 


V 


PC 


d 

d 


M 


^ 
« 


o 


X' 








< 


o 
o 

3 


o 


1 

■a 

a 


in 
►4 




-M 


& 1 

$ 
XIX 




fe 


s 


w 


C) 


,a 


<0 


3 


m 




o 


3 

O 


fa 


; 4 




3 
1 




o 




w 


£ 


o 




a 


oj 








<: 

o 


a 

E 






03 

"E 

O 

o 

o 

03 
• 2 


1 


O) 


1 




Ph 


a 


CO 






s 


C5 


&3 


^0 


1— 1 


* 




P 


of 

5j 


e 


"E 


Co 


2 


H 


5 




^ 


a 


*, 


C3 


§ 


^ 


PC 


,d 




© 


to 


O 


% 




§ 


w 
















^ 


K 


o 








a 
o 

bo 

'S 

o3 


to 

3 

a 
o 


O 







•^j;stJ§3j xboox pus a^ep s;t jays 'q^noxn sq;} jo q;Si aqj ajojaq jo 
no 'sdi;sx;b^s I^iia jo nuaana ai^s aq; o; ;nas aq o; si a^Bogx^zao siqx -Sir 

•MBl iCq pagpads sai; 
-uoqjtiv 3^ '^q pa.i3isi33j pnB 'o; apBtu aq pxnoqs aSBUJBH io'n.m:p-a'sTqx 



120 A Manual for 

[Endorsement on back of this certificate.] 

Form 7. 

To the Bureau of Vital Statistics, 

STATE OF NEW YORK. | | 1 gffi£ i 

RETURN OF A MARRIAGE 

In the Town ^Village) City of New Scotland, County of Albany. 

1. Full Name of Groom, John Doe. 

2. Place of Residence, New Salem, N. Y. 

3. Age next Birthday, 31 years 

4 

. 5. Occupation, Carpenter. 

6. Place of Birth, Albany, U. S. 

7. Father's Name, Richard Doe. 

8. Mother's Maiden Name, Jane Evans. 

9. No. of Groom's Marriage, First. 

10. Full Name of Bride, Margaret Roe. 

Maiden Name, if a Widow 

11. Place of Residence, New Salem, N. Y. 

12. Age next Birthday, 19 years 

13 • • 

14. Place of Birth, New Salem, N. Y. 

15. Father's Name, Thomas Roe. 

16. Mother's Maiden Name, Margaret Brown. 

17. No. of Bride's Marriage, First. 

N. B.— At Nos. 4 and 13: if of other than the White Race, specify it. A 
Nos. 9 and 17 state whether 1st, 2d, 3d, &c, marriage of each. The signa- 
tures below of Bride and Groom, should be written out in full for the 
"given " and family names. 

Dated at New Salem, N. Y., January 10th, 1893. 

We, the Groom and Bride named in the above Certificate 
hereby certify that the information given is correct, to the 
best of our knowledge and belief. 

JOHN DOE, (Groom.) 
MARGARET ROE, (Bride.) 

Signed in presence of JAMES HENRY, 

and THOMAS AMES. 
k 1. Village and city to be crossed out. 

[Size of b'ank. 9^ by 4% inches.] 



Boards of Health. 



121 



•o-SS 




9 £ £> . 




o£2« 


o. 


* »3* 












• i«* 





©.S*g 



Kg 

II 



M w 



3 «2 e • - 
O ._ 5 "W a 

° - ^-2 1 

?! S ? I 
• 5 1 r § I - B 



5° 
°- o 
S U 



■3 _ h o 
- 5 ? ° 

-is" 



"8 4 

8 a - 

^ ! 8 

a § «o 

S * • 

^< S w 

v« a >> 

O - CO 

£J« 

U " s . 

ci a; .a 

bo 55 -- 

• rt a 



8 |8 

s •« « *" 

* 8 -*{ 



c fc"o 



-I 2 



= ID 

:3 o 

^P 

S3 u, 

& O 

o « 

h a 

<u co 



5 2 ~ ~ a 

•o a a S* s 

w a .a 5 2 

§ S hi I 

■§ » n « a 



,3 



•£• co .«* 

ID 



'5 £ ^ 



w> .2 



«r o. ft c ° 
.2 .a "S © « 

tfi pq Jx, g CL, 



as* 
■a a 



T3 
i-c 

:^§ 

• co 

"3 2 15" 

15 g 3 

^ a ^ 

s ™ o 
h to 
* '& *2 

« bo o 

<2 t 
>.« J 

co J S 
^J -*-> a 

rS « 1 
0) . >> a 

a v 2 

O O « 

<u a t» 

5 * ~ 

1 3 

i 2 

« P 
Q-2 
o ^ 
g Pi 



■A1IKVH 



•q}«ap I!1 an lastu 
•aaasmaioo s)i uiojj 
prfnojpaa si 'qbaiS 
uaqM 'asBaBiQ qoes 
jo aoiiBiiip eqx 4- 



iSu 

r- - ii 
%$P 

§ -^ 

a s a 

O 8 3 
.«- <3 <U 
*•-•< u 

•fl^ 

0iS tO 

"S ■ 

an - ™ 
% o-f 

^T3 O 

■ C « s 

-"S-a 

^c: 

*s * j .« 

fc N to 

Q ^ 

m a ** 

=^ 



E 



B 1 

& to 



"ivDiaaw 



"S3 


1 






1 >< 


% 


5 s 


a 


* 5 








« ° 


. <L) 








s < s 


I 1 


^5 S 


i 


e O « 


r x 


~ (V 


•S 1 1 

" | 8 






o S 


B a, c 


-S3 




^s 


fa ^a 


^ V 


a o 




„:so 


to 3 


9 S' 


•2 "S 


° P.3 


"" a 
■a .to 
a to 




CO w 




J3 


a-E.S 


>» 


8= * 


a 


si* 


to 
to 


«■« a 


a 








P 


a o - 








i.»° 








a"s a 




slS 





k a*. 



: ! *•■§£-' 



& -°2 -« 



^ "3 CJ 



fife 



pjnoqs pav 'pnajjj a[q;saodsaj jsqju io 'aihubj aq) ;o psaq eqi Aq s^ogijjss 
B|qijono|ijodteigeq)joino2ning eiapdmoD q» sansai pjnoqs aaJj^japnn sqj, 

16 



(U _ ^ t3 

^ *S ~ ' 'w 

.2 ^'E « 

° §^ 2 

O is co « 

fc * P & 



122 A Manual for 

[Endorsement on this certificate is as follows:'] 

REPORT OF A. JDE^TH. 

From William Wilson, Town Clerk. 

Name of Deceased, John Doe. 

Date of Death, January 15M1, i8pj. 

In the Town (Village) City of New Scotland. 

County of Albany. 
Name and P. O. Address of person who gave the Permit of Burial, 

THOMAS ADDIS, J. P. 



Note.— Certificates of Death and all blanks are to be procured of City, 
Village and Town Boards of Health, as provided by the law for the Registry 
of Marriages, Births and Deaths. 

4®=* This certificate when filled out, is to be registered without delay, 
and forwarded to the State Bureau of Vital Statistics, Albany, on or before 
the 15th of the next month 

[Size of blank 8 1-16 by 7 3-16 inches.] 



Boards of Health. 123 

Where a body is to be buried within the limits of the 
county, the following is the form of burial permit. 
Permits to bury are granted by any person authorized 
to by the board of health having jurisdiction. It is 
often well in a large township for the board to designate 
more than one person to issue these permits, as it saves 
long drives to obtain them by the undertaker. If this 
is done by the board, the persons authorized by it to 
issue the permits should be instructed to promptly 
forward the death certificate, on wnich the permit is 
granted, to the local registrar, that he may enter it in 
his book and forward it to the state board, as required 
by the latter's rules. 

It may become necessary to transport for burial a 
body of a person who died of a contagious disease. All 
public carriers are by the intent of the law forbidden to 
receive such a corpse, and all boards of health, or those 
having power to issue, under the authority of a board, 
transit burial permits, must not so issue these, unless 
the remains are properly coffined in some metallic sub- 
stance, and the coffin so sealed that escape of contagion 
is impossible. The ordinary metallic casket is an ex- 
pensive affair and not within the means of many. To 
comply with the law (§ 23), the box in which the coffin 
is placed can be lined with tin or zinc, and a lid of the 
same material soldered on before the box top is screwed 
down. Such a lined box is as safe as a mettalic coffin, 
and the cost is very much less, while the protection 
against contagion is equally good. To further insure 
that no danger shall be by any chance given by the 
corpse, it should, before being placed in the coffin, be 
wrapped in a sheet soaked in a strong solution of car- 
bolic acid. The transit permit should bear upon its 
face, written there by the person granting the permit, a 



124 A Manual for 

statement that all precautions in accordance with law 
have been taken to insure the safety of those having to 
handle the coffin. The simplest form for such a state- 
ment is, " this body is inclosed in a metallic coffin as re- 
quired by law," for the lining of the box with zinc or tin 
makes it practically a metallic coffin, and as the transit 
permit bears on it the name of the disease from which 
the patient died, and as all are generally familiar with 
the names of contagious diseases, the statement of the 
issuing officer is a guarantee that all precautions have 
been taken and the provisions of law fully complied 
with. 



Boards of Health. 



125 




126 A Manual for 

[Endorsement on the back of this permit.] 

btt:r.:e.a.:i_, :f:e;r,:m:it. 

Name of Deceased, John Doe. 

Date of Death, December 28th, i8g2. 

Cause of Death, Pneumonia. 

In the Town (Village) City of New Scotland, County of Albany. 



Note.— This permit is only to be issued for a burial within the county 
where the death takes place, and is to be kept by the cemetery keeper 
where the body is boried. It is to be issued on the filing of a death certifi- 
cate, certified to as required by Section 23 of Chapter 661, taws of 1893. 



Note.— Burial Permits and all Blanks are to be procured of Town and 
Village Clerks and Boards of Health, for the Registry of Births, Marriages, 
Deaths and Burials. 

1. Village and city to be crossed out. 
[Size of blank, 7^ by 3% inches.] 



Boaeds of Health. 



127 



(See back of this Coupon.) 

Special Coupon for City Transit When Required. 

Special Coupon No. Three to Transit Permit No. 15, of the body of 
Richard Roe, who died at New Salem, N. Y., and is to be buried at Newtown. 

Permit issued (Date,) January 10th, 1893, & t New Salem, Albany Co., N. Y. t 
for transit through the city of New York. 

Signed, THOMAS ADDIS, 

(Official Title,) Justice of the Peace. 

Before this body leaves the city of New York, through which it is 
in transit, the ferry or bridge master or transport agent will tear off this 
coupon and send it to the Health Department of the city, as its regulations 
may require. 



THis Permit must in all cases accompany tne My to its destination. 



?8 



3 ?T 
Co * 

!! 



to 

B 
n 

i H 



3 D 



* 5. 



ff 2 



= ? 

© 30 



"0 O 3 
I! 8 





► 


02 

H 


^ 


% 


H 


rt 


m 


S 


n 


H 





cr 


H 


^ 


n 




&s 


3. 

2 




3 




& 




in 



Coupon No. Two, to Transit Permit of (Name,) Richard Roe, who died at 
New Salem. 

Before this body leaves the carrier or transportation 

agen* will tear off this coupon. If otherwise detached from the permit the 
coupon -uus 4 - not be received. (See back of permit.) 

Coupon No. One, to Transit Permit of (Name,) Richard Roe, who died at 
New Salem. 

Before this body leaves the carrier or transportation 

agent Adll tear off and keep this coupon. If otherwise detached from the 
permit the coupon must not be received. (See back of permit.) 



128 A Manual for 

(Back of Special Coupon.) 

When a body from another State or City is in transit for burial, beside 
the transport coupon some cities, like New York, require that the ferry 
or transport agent should tear off and return a coupon to their health 
department, in order that it may have a record. This special coupon is in 
such cases to be given to the ferry or bridge master or transport agent. We 
therefore add to the usual coupons i and 2, this special No. 3, for such use 
when required. When not needed, this coupon should not be given out or 
should not be signed by the officer issuing the permit. 

(Back of Transit Permit.) 

TR^JSTSIT PERMIT. 
Issued in the Town (Village) City of New Salem, County of Albany. 

Issued by Thomas A ddis, J. P. 

To whom issued, Thomas Jones. 

Name of Deceased, Richard Roe. 

Date of Death, January 8th, i8gj. 

Name of person or carrier in charge, James Roe. 

Date of Transit, January gth, 1893. 

#3 g i, ^ fr'S * 3 s a f B'S S 1 -9 *--S 83* gg I«g 3 

pm HimjVs nun u**& 10 

T3 U ;3^^fcu~*°i!2aft w l30> 4 flrta~2a;* J >, « £ 5 _• # 
fl d 3 a-2 j fl fl ti ° 4, 5 2 , -° rt 5? »-2 tf 'S 5 as ° p. ^ 3 ft 

»• -g 2 w ft ±> <u ft a -^ v f* C 9 o 3 9 a £o -2 ir 1 « ~ S o £ 3 £ «J ^ 
SESu.oHuotfl'O Syw+3u9«3S4»ap ftp. o > E P. 

Second Coupon taken at 

by 

(Back of Second Coupon.) 

SECOND I Taken at 

COUPON) by: 

(This is filled by the Baggage Master.) 
(Back of First Coupon.) 

FIRST COUPON. 



Boards of Health. 129 

Blank for still births are provided. These are not 
forwarded for registration in the State records, and are 
not generally entered in the local register, but are filed 
by the registrar of the local board for reference if 
needed. The law requiring a permit to bury to be 
issued only on the filing a certificate of death, the use 
of these blanks becomes necessary. The following is 
the form: 

Form 2. 

N. B.— No remains of the Dead-Born should be interred, or disposed of 

in any other manner, without a Permit therefor having been obtained 

from this Bureau, such permit to be granted upon the presentation of the 

proper Certificate. 

RETURN OF A STILL-BIRTH. 

In the Town of New Scotla?id y County of Albany, N. Y. 

The death of an infant that has breathed must not be returned as a 
STIIvL-BIRTH; such deaths should be certified in the usual manner, 
after returning the birth -record. 

Name of Mother, Jane Smith. 

Name of Father, Thomas Brown. 

Place of Birth, New Salem. 

Residence of Mother, New Salem. 

Period of Utero-gestation, Full term. 

Date of this Birth, Jafiuary ist, 1893. 

Sex, F. Color, W. 

Nativity of Mother, U. S. of Father, Scotland, 

Cause of Dead-Birth, (if known,) Unknown. 

Residence of Medical Attendant, New Salem. 

Signature of person ) ^^ BrQwn 

making this return, ) 
Residence do New Salem. 

Date, January 2, 1893. 
Undertaker, Thomas Jones. 
Place of Burial, Protestant cemetery. 

[Size of blank, 6 1-16 by 4^ inches.] 

17 



130 A Manual for 

§ 76. Complaint of nuisance. Notice to abate. 
Notice of hearing on. Notice of imposition of 
penalty. — The following blanks are authorized by the 
State board and explain themselves. It will be remarked 
in the notice of hearing before the board to which the 
maintainer of a nuisance is cited in order to show why 
he has not obeyed the first order to abate and to show 
cause why the board should not condemn the condition 
as one of menace to health, that it is stated as one of 
the subjects his attention is called to, that the board 
will go on and abate the nuisance under the power 
granted by law. This is necessary to add if the board 
does not intend to stop with the mere notification to 
abate the subsequent condemnation of the nuisance. 
It gives notice to the maintainer that if he fails to obey 
the order, the board will enter upon his premises and 
perform such work as is necessary to render them of no 
danger to the public health and that it will sue him for 
the cost of such work or sell his property to pay for it if 
he is not good for the amount, for the notice reads the 
board will abate the nuisance "as provided for in 
chapter 661, Laws of 1893." 



Boakds of Health. 



131 







a 


r— n 










o 


Tj 






M 




& 


aJ 
O 




9 






.9 


o 




*c3 






K 






*& 


w 






CO 
1 — 1 


<L> 


i 


o 




C8 

.4 


.8 

1 




9 


z 






t/1 
S3 




< 




1 


8 

^ 


a 


Q 


m 

P 
Z 




8 


c3 

a 

a 

to 










+-> 


<L> 




< 




i 




o. 




fXH 




g 


^ 


"3 




o 




3 




Oh 




h-H 


8 

1 


ft 

o 

W 


o 
a 




< 
►J 


3 


w 
W 
ft 




M 


- £ 
* * 


Oh 


o 


o 

p 




3 


8 § 


O 


1 — 1 

a 


o 

w 






4 "5 


y 


o 


« 


o 


5* 


1 ° 




o 


o 






IS -3 




SP 


JH 


8 

On 




5 s 




y~j 






a> 


c3 




• tH 




<L> 


a 


Q 53 




> 




^ 
+J 


aJ 


id 



132 A Manual for 

[Endorsement on the back of this complaint.] 

BOARD OF HEALTH. 

COMPLAINT OF NUISANCE. 

Richard Roe, Complainant. 
Privy vault at Main Street [or road]. 

To the Board of Health of New Scotland: 

I certify that on the 2d day of February, 1S93 , 
I received the within complaint, and that on the 
3d day of February, 1893, I examined the premises 
complained of, and found a privy vault full and 
allowing the escape of its contents upon the ground. 

Dated this 5th February, 1893. 

J. fONES, 

Health Officer. 

Filed February 5, 1893. 

G. BROWN, 

Secretary. 

[Size of blank, 8% by 3% inches.] 



Boaeds of Health. 133 







u 


<L> 


<+H 














3 


.Q 


O 










r— i 




O 














pj 




>> 


,— { 


>> 


















4-1 














O 












<u 
o 


s 






<L> 


rd 








£ 






CJ 

a 
a 

a; 


1 

s 

+-» 

V-f 

o 

S3 




1 


1 

S 


C 

w 


> 




•§ 


3 






g 










o 

t/J 




o 

4-» 




1 
V 






8 
3 




^3 


^ 


o 




8 






1v* 




8 


« 


s 










1 




a 


N 


£ 




$ 






fe; 




•t-H 


1 


*« 




o 










6 

8 






•3 
H 












<4H 

8 




o 










2 


a 






•s 










>> 


■4-T 


rd 


d 


o 










•s 




4) 


£ 


W 










Jh 


Jh 


t/1 


a> 












<L> 


4-» 


a 


,3 


<+h 










-a 


w 


en 


+j 


O 










P 


.8 


X 


a 












rt 


r>4 

1 


<v 


.2 


<d 








i 


o 


V 

rd 

4-> 


+3 


o 








<3 


> 


o 


*d 


# fl 


PQ 








s 




to 


a 


• rH 










«8 




<L» 


03 


4-* 










^ 




in 

I 


<L» 


a 
43 


, 








S 




a 
o 


bJO 









^ 



134 



A Manual for 



8 

<8 












w cause 
'c health, 


to 

Ctj 

►4 






03 




.8 




4) 
> 

O 
,Q 




O <2 

rd ^ 

o ■*- 






£ 


OJ 

03 


^ 


od 


1 




rt 


3 


4-» 
Cm 




s 


a 


O 

CQ 

GO 

4— > 






<d 

■+-> 
03 

a 

<v 

.s 


<-rH 

o 
>> 

Cj 

s? 

CU 


* So 

o 8* 

rrH ^ 


OJ 
rd 
<J 

.s 

u 

^} 
<v 
»d 


If 

03 
O 

pq 


^5 




O 

-4-» 


CD 

o 

CD 


a 

•T-f 


3 


'd 

d 
o 
o 


1 


fi 8 

o3 <S 

9 8 


2 

Ph 
to 


o 

u 

cu 

Vh 






13 
cu 

W 




d 
u 

CD 

a 
d 
o 


8 


be 

d 

o3 

CJ 
rd 


8 

d 
o 


d ^ 

■E « 


u 

d 

to 


O 

PQ 






o 


a 


a 


s 


^ 


S ^ 


"3 

d 

• 1—1 
03 

to 








1 

o 
pq 


r— 1 


u 

CU 

u 

o 


V 

^ 

8 


■4-> 


■4-> 


rd P 

rd 8 










ffi 


d 




T3 


o 


t ^ 


rd 










c3 

5-H 


o3 

.s 


8 
8 


CD 

id 
%-> 
o 

d 


"E 

O 


cj ^ 

J 8 


03 

rQ 










o 


g 

o 
O 

CD 

rd 




rQ 


to 

rd 
4-> 




rd 

*o3 




8 






CD 
O 




cu 

rd 

1 


rQ 




rd 












<+-. 




d 


S § 
^ & 


o 

•g 

o3 






? 




o 


o 


S 

Q 


d 


'5b 






^ 


^ 




^ 


to 


o 


CU 

rQ 


O 

rQ 




rt 


« 

e 






CJ 


8 






►8 ^ 






nd 


"? 






rd 
d 


31 




■4-> 


rj rd 
OS ^ 


CD 

rd 

d 

03 


CO 

ON 
00 

O 


CJ 

P 


« 



Boaeds of Health. 



135 






§ 

£ 



O 

rd 



8 



rt 



<v 


C 


W 


O 


o 


■4-> 






Tl 


C/} 


M 


O 


O 


Oh 


M 


6 



8 

c 

a *> 

>i 






O . 

(J 



o 



c 

a 

o 
O 



jg g g o ri 

fl* rt § o 

d <« £ r d 

<L> <U 1> £ 0} 

<-m " -m QQ ^ 

M &8 § 8. 

'd £<££ £> 

d B^- >> 
^ w £ 



•S > en 



15 

03 ^_» 






a - £ 



3 

^ a 



j'E o 

•5 o o 
■3 8 = 

W d s 



03 



° <-> £ d a 
o d ^ >*a d 

,d d oq oj a; d § 

^ .. o ^-^^ ^ 



O <U 

.Si Ph^ 



d. 

d o 



K 

^ 
5 



4)<i d >, ™ 



fi ^^d 









^ 






SO 
^ _ 
cj d 

^ rr-( 

+J -Si 

4-. > 

o 



"d 



d -y 

'd J> 

I 8 

d <L> 

IS, 

»H O 

O) Ol 






fro 

^ d 

d t_ 
„ o &/d 

8 8-S^.aS 






^ - 



d d 



8 

^5 > ^ s 






•dttj 






t/ 3 o 



S 



136 A Manual for 

§ 77. Conclusion. — As said in the preface, this 
little work is given as a practical manual for practical 
men, who desire to do their duty when serving their 
fellow townsmen as members of boards of health. It is 
not a treatise on hygiene, or a text-book on health laws, 
or decisions rendered by courts on health matters. There 
are other and better works devoted to these subjects, 
much more full and complete than this manual could 
hope to be. But from the numerous letters received 
asking for some simple guide for health boards and 
health officers grew the thought of putting into com- 
pact form the oft repeated advice and instructions 
written to local health authorities concerning their 
various duties. It was believed that such a manual as 
is here presented would be found of service to many, 
and if it aids those charged with the not always pleasant 
work of carrying out the laws for guarding the public 
health in the important work intrusted to them, the 
aim of the author will have been reached. If among 
those who may read this book there be any who think 
fuller explanations should be given or more examples 
set forth; in short, who may have hints to offer which 
would tend to add to its usefulness, the author would 
gladly hear from them and thankfully receive their 
suggestions. 



Boards oe Health. 137 



Chap. 661. 

An Act in relation to the public health, constituting 
chapter twenty-five of the General Laws. 

Approved by the Governor May 9, 1893. Passed, three-fifths 
being present. 

The People of the State of New York, represented in 
Senate and Assembly, do enact as follows : 

CHAPTER XXV OF THE GENERAL LAWS. 

THE PUBLIC HEALTH LAW. 

Article 1. State board of health (1-12). 

2. Local boards of health (20-32). 

3. Adulterations (40-50). 

4. Tuberculosis and glanders (60-64). 

5. Potable waters (70-74). 

6. Quarantine at the port of New York (80-90). 

7. The health officer of the port of New York (100-131). 

8. Practice of medicine (140-153). 

9. Practice of dentistry (160-164). 

10. Veterinary medicine and surgery (170-172). 

11. Pharmacy (180-190). 

12. Miscellaneous provision (200-210). 

ARTICLE I. 

STATE BOARD OF HEALTH. 

Section 1. Short title. 

2. State board of health. 

3. Officers; meetings; by-laws. 

4. General powers and duties of board. 

5. Duties with respect to vital statistics 

6. Nuisances. 

7. Overflow of water from the canals. 



138 A Manual for 

SECTION 8. Employment of local boards and experts. 

9. Examination and inspection of public works. 

10. Acquisition of land by state board. 

11. Power of state board where municipality fails to 

establish board of health. 

12. Annual report. 

Section 1. Short title. — This chapter shall be 
known as the Public Health Law. 

§ 2. State board of health. — There shall continue 
to be a state board of health of nine members, three ap- 
pointed by the governor, by and with the advice and 
consent of the senate, to be known as health commis- 
sioners, to hold office for three years; three ex-officio 
members, consisting of the attorney-general, the state 
engineer and the health officer of the port of New York, 
and three members to be designated and appointed by 
the governor, one of whom shall be a health commis- 
sioner of the board of health of New York city, and two 
to hold office for three years each, who shall be mem- 
bers or commissioners, or who shall have been members 
or commissioners of health of regularly constituted and 
organized boards of health of the other cities of the 
state. The appointment to or acceptance of office under 
this section shall not be deemed to vacate any office held 
by the person appointed in any board of health of any 
city of the state. 

§ 3. Officers ; meetings ; by-laws. — The board 
shall elect annually from its members a president. It 
shall elect a person of skill and experience in public 
health duties and sanitary science, to be the secretary 
and chief executive officer of the board. He shall hold 
office for three years, but may be removed by a majority 
vote of the board for cause after a hearing had. He 
shall keep a record of the acts and proceedings of the 



Boards of Health. 139 

board, perforin and superintend the work prescribed for 
the state board in this chapter, as directed by said board 
and discharge such other duties as the board may direct. 
He shall receive an annual salary of four thousand five 
hundred dollars and his necessary expenses. No other 
member of the board shall receive any compensation, 
except his actual traveling or other expenses. The 
board shall employ such clerical and other assistance as 
it may require and for the payment of which the legis- 
lature may have made provision. The board shall have 
an annual meeting at Albany in the month of May, and 
meetings during the year whenever deemed necessary 
by it, and as often at least as once in three months. 
Five members shall constitute a quorum. The board 
shall adopt by-laws for the transaction of its business, 
and provide for the appointment of committees, and 
delegate to them power and authority to do the work 
committed to them. 

§ 4. General powers and duties of board. — The 
state board of health shall take cognizance of the interests 
of health and life of the people of the state, and of all 
matters pertaining thereto. It shall make inquiries in 
respect to the cause of disease, especially epidemics, and 
investigate the source of mortality, and the effect of 
localities, employments and other conditions, upon the 
public health. It shall obtain, collect and preserve such 
information relating to mortality, disease and health as 
may be useful in the discharge of its duties or may con- 
tribute to the promotion of health or the security of life 
in the state. It may issue subpoenas, compel the attend- 
ance of witnesses, administer oaths to witnesses and 
compel them to testify in any matter or proceeding be- 
fore it, or any member of the board authorized by its 
order to hear or investigate any such matter or proceed- 



140 A Manual for 

ing, and a witness may be required to attend and give 
testimony in a county where he resides or has a place of 
business, without the payment of any fees. The state 
board of health may reverse or modify an order, regula- 
tion, by-law or ordinance of a local board of health con- 
cerning a matter which in its judgment, affects the public 
health beyond the territory over which such local board 
has jurisdiction; and may exercise exclusive jurisdiction 
over all lands acquired by the state for sanitary pur- 
poses. Every member of such state board and every 
person authorized by it so to do, may, without fee or 
hindrance, enter, examine and survey all grounds, erec- 
tions, vehicles, structures, apartments, buildings and 
places. 

§ 5. Duties with respect to vital statistics. — The 
board shall have the general supervision of the state sys- 
tem of registration of births, marriages, deaths and 
prevalent diseases, and shall maintain at the capital a 
state bureau of vital statistics. It shall prescribe and 
prepare the necessary methods and forms for obtaining 
and preserving such statistics, and to insure the prompt 
and faithful registration of the same in the several mu- 
nicipalities and in the state bureau. It shall from time 
to time recommend such forms and such amendments 
of law as shall be deemed necessary for the thorough 
organization and efficiency of registration of vital sta- 
tistics throughout the state, as supervised by such board, 
the clerical duties and safe-keeping of the state bureau 
shall be provided for by the comptroller, who shall also 
provide and furnish such stationery as such board shall 
require in the discharge of its duties. If defects exist 
in any registration under the supervision of a local 
board of health, the state board shall notify the local 
board that such defects must be amended and prevented 



Boards of Health. 141 

within one month from the date of the notice. If 
such defects are not so amended or prevented, the state 
board shall take control of such registration and the 
record thereof, and enforce the rules and regulations in 
regard thereto, and secure a complete registration in 
such municipality, at the same cost to the municipality 
as if done by the local board, and such control shall 
continue until the local board satisfies the state board 
that it will make such record and registry complete, as 
required by law. A copy of any record or registry in 
the office of the state board, duly certified by the presi- 
dent or secretary of the board to be a true copy thereof, 
shall be presumptive evidence in all courts and places 
of the facts therein stated. The board shall prescribe 
and prepare the necessary methods, forms and rules regu- 
lating the issue of transfer permits, by local boards of 
health, for the transportation of corpses for burial out- 
side of the county where death occurred and the use of 
such permits. It shall require a coupon to be attached 
to every such permit to be detached and preserved by 
every common carrier, or person in charge of any ves- 
sel, car or vehicle, to whom any such corpse shall be 
delivered for transportation. 

§ 6. Nuisances. — The state board of health shall 
have all necessary powers to make examinations into 
nuisances, or questions affecting the security of life and 
health in any locality. Whenever required by the gov- 
ernor of the state, it shall make such an examination 
and shall report the results thereof to the governor, 
within the time prescribed by him therefor. The report 
of every such examination, when approved by the gov- 
ernor, shall be filed in the office of the secretary of 
state, and the governor may declare the matters public 
nuisances, which may be found and certified in any such 



142 A Manual for 

report to be nuisances, and may order them to be 
changed, abated or removed as he may direct. Every 
such order shall be presumptive evidence of the exist- 
ence of such nuisance; and the governor may, by a pre- 
cept under his hand and official seal, require the district 
attorney, sheriff and other officers of the county where 
such nuisance is maintained, to take all necessary meas- 
ures to execute such order and cause it to be obeyed, 
and the acts of any such county officer in the abatement 
of any such nuisance, reasonable or necessary for such 
abatement, shall be lawful and justifiable and the order 
of the governor a sufficient protection to such officer. 
The expense of such abatement shall be paid by the 
municipality where the nuisance occurs, and shall be a 
debt recoverable by such municipality of all persons, 
maintaining it or assisting in its maintenance, and a lien 
and charge upon the lands upon which the nuisance is 
maintained, which may be enforced by a sale of such 
lands to satisfy the same. 

§ 7. Overflow of water from the canals. — When- 
ever water escaping or discharged from any of the canals 
of the state, through water gates, spillways or other- 
wise, shall overflow adjacent lands, or any creek or stream 
receiving such waters, or collect in stagnant pools along 
the canal or any such creek or stream to such an extent 
as to cause disease or sickness to the inhabitants of the 
vicinity, any three of such inhabitants may make a 
written complaint thereof under oath to the state board 
of health, setting forth the extent of the injury to the 
public health, so far as is within their knowledge, and 
the length of time the disease or sickness has existed, 
which shall be accompanied by a verified certificate of a 
practicing physician of the vicinity, stating the facts 
known to him, pertaining to the allegations of the com- 



Boaeds of Health. 143 

plaint. Upon receipt of such complaint, the state board 
of health shall forthwith examine into the facts and cir- 
cumstances therein set forth, and may call on the state 
engineer to make such surveys as they may require for 
their information, who* shall make the same without 
delay, and if such board shall be satisfied that such 
disease or sickness exists, and is caused by waters of the 
canal escaping or discharged therefrom, it shall so report 
to the superintendent of public works, without unneces- 
sary delay, who shall forthwith abate the cause of such 
disease or sickness. 
§ 8. Employment of local boards and experts. 

— Whenever requested by the state board of health, any 
city board of health in this state may appoint one of its 
members as its representative upon the state board dur- 
ing the examination of any nuisance, or for the purpose 
of determining whether a public nuisance exists, and 
such representative shall have power to take part in such 
examination, and shall have a seat in the state board 
and be entitled to take part in all of its deliberations 
during such examination, but without right to vote. 
The state board may from time to time employ com- 
petent persons to render sanitary service, and make or 
supervise practical and scientific investigations and 
examinations requiring expert skill, and prepare plans 
and reports relative thereto. 

§ 9. Examination and inspection of public works. 

— All persons having the control, charge or custody of any 
public structure, work or ground, or of any plan, descrip- 
tion, outline, drawing or chart thereof or relating 
thereto, made, kept or controlled by or under any public 
authority, shall permit and facilitate the examination, 
inspection and copying thereof by any member of 
such state board of health, or by any person authorized 



144 A Manual for 

by it to make such examination or inspection of such 
copies. 
§ 10. Acquisition of land by state board. — If the 

state board of health or the health officer of the port of 
New York shall certify to the commissioners of the land 
office that by reason of sudden emergency the acquisi- 
tion of any land is immediately necessary for quarantine 
or other purposes to prevent great danger to the public 
health, and such commissioners are satisfied that such 
action is necessary such commissioners may acquire by 
purchase or by condemnation, in the name of the people 
of the state of New York, such land as in their 
judgment is necessary and suitable for such purposes. 

§ 11. Power of state board where municipality 
fails to establish board of health. — If any municipal 
corporation, authorized by law to establish a local board 
of health, shall omit to do so, the state board of health 
may, in such municipality, exercise the powers of a 
local board of health and appoint a health officer thereof 
and fix his duties and compensation. The compensation 
of such health officer and the expenses lawfully incurred 
by him and by the state board of health in such muni- 
cipality shall be a charge upon and paid by such muni- 
cipality until such time as a local board of health shall 
be established therein, whereupon the jurisdiction of 
such health officer and of the state board of health 
conferred by this section shall cease. 

§ 12. Annual report. — The board shall annually, on 
or before the first Monday in February make a written 
report to the governor upon the vital statistics and sani- 
tary conditions and prospects of the state. Such report 
shall set forth the action of the board and of- its officers 
and agents and the names thereof during the past year, 
a detailed statement of all moneys paid out by or on ac- 



Boards of Health. 145 

count of the board and the manner of its expenditure 
during the year, and other useful information, and shall 
suggest any further legislative action or precaution 
deemed necessary for the better protection of life and 
health. 

ARTICLE II. 

LOCAL BOARDS OF HEALTH. 

Section 20. Local boards of health. 

21. General powers and duties of local boards of health. 

22. Vital statistics. 

23. Burials and burial permits. 

24. Contagious and infectious diseases. 

25. Nuisances. 

26. Removal of nuisances. 

27. Expense of abatement of nuisances a lien upon the 

premises. 

28. Manufactures in tenement houses and dwellings. 

29. Jurisdiction of town and village boards. 

30. Expense, how paid. 

31. Mandamus. 

32. Exceptions and limitations as to cities of New York, 

Brooklyn, Buffalo, Albany and Yonkers. 

§ 20. Local boards of health.— There shall con- 
tinue to be local boards of health and health officers in 
the several cities, villages and towns of the state. In 
the cities except New York, Brooklyn, Buffalo, Albany 
and Yonkers, the board shall consist of the mayor of the 
city, who shall be its president, and, at least, six other 
persons, one of whom shall be a competent physician, 
who shall be appointed by the common council, upon 
the nomination of the mayor, and shall hold office for 
three years. Appointments of members of such boards 



146 A Manual for 

shall be made for such shorter terms as at any time may 
be necessary, in order that the terms of two appointed 
members shall expire annually. The board shall ap- 
point a competent physician, not one of its members, to 
be the health officer of the city. In villages the board 
shall consist of not less than three nor more than seven 
persons, not trustees of the village, who shall be ap- 
pointed at the first meeting of the board of trustees of 
such village after the next annual election of the village ; 
the members of said board of health shall at their first 
meeting divide themselves by lot into three classes 
whose terms of office shall expire respectively in one, 
two and three years from the annual election held prior 
to their appointment ; from and after the appointment 
of said board as above provided, the appointment of the 
successors of said members shall be made immediately 
after the annual elections of said village. Every such 
village board shall elect a president and appoint a com- 
petent physician, not a member of the board, to be 
the health officer of the village. In towns the board of 
health shall consist of the town board and another citizen 
of the town of full age, annually appointed by the town 
board at a meeting to be held by it within thirty days 
after the annual town meeting. Such board of health 
shall annually appoint a competent physician, resident 
of the town, to be the health officer of the town. If the 
proper authorities shall not fill any vacancies occurring 
in any local board within thirty days after the happen- 
ing of such vacancy, the county judge of the county 
shall appoint a competent person to fill the vacancy for 
the unexpired term, which appointment shall be imme- 
diately filed in the office of the county clerk. Notice 



Boards of Health. 147 

of the membership and organization of every local board 
of health shall be forthwith given by such board to the 
state board of health. The term "municipality," when 
used in this article means the city, village or town for 
which any such local board may be or is appointed. 

This act shall take effect at the next annual elec- 
tion of the village, and the term of office of all mem- 
bers of health boards in villages, then in office, appointed 
under section twenty, chapter six hundred and sixty- 
one, laws of eighteen hundred and ninety-three, before 
this act takes effect shall expire at that date. 

Am'd by ch. 584 of 1895. 

§ 21. General powers and duties of local boards 
of health. — Every such local board of health shall meet 
at stated intervals to be fixed by it, in the municipality. 
The presiding officer of every such board may call special 
meetings thereof where in his judgment the protection 
of the public health of the municipality requires it, and 
he shall call such meeting upon the petition of at least 
twenty-five residents thereof, of full age, setting forth 
the necessity of such meeting. Every such local board 
shall prescribe the duties and powers of the local health 
officer, who shall be its chief executive officer, and direct 
him in the performance of his duties, and fix his com- 
pensation. Every such local board shall make and 
publish from time to time all such orders and regulations 
as they may deem necessary and proper for the preserva- 
tion of life and health, and the execution and enforcement 
of the public health law in the municipality. It shall 
make without publication thereof, such orders and regu- 
lations for the suppression of nuisances, and concerning 
all other matters in its judgment detrimental to the 



148 A Manual for 

public health in special or individual cases, not of general! 
application, and serve copies thereof upon the; owner or 
occupant of any premises whereon such nuisances or 
other matters may exist, or post the same in some con-, 
spicuous place thereon. It may employ such persons as 
shall be necessary to enable it to carry into effect its 
orders and regulations, and fix their compensation. It 
may issue subpoenas, compel the attendance of witnesses,, 
administer oaths to witnesses and compel them to testify,, 
and for such purposes it shall have the same powers as 
a justice of the peace of the state in a civil action of 
which he has jurisdiction. It may designate by resolu- 
tion one of its members to sign and issue such subpoenas., 
No subpoena shall be served outside the jurisdiction of 
the board issuing it, and no witness shall be interrogated 
or compelled to testify upon matters not related to the 
public health. It may issue warrants to any constable 
or policeman of the municipality to apprehend and 
remove such persons as can not otherwise be subjected 
to its orders or regulations, and a warrant to the sheriff 
of the county to bring to its aid the power of the county 
whenever it shall be necessary to do so. Every warrant 
shall be forthwith executed by the officer to whom 
directed, w T ho shall have the same powers and be subject 
to the same duties in the execution thereof, as if it had 
been duly issued out of a court of record of the state.. 
Every such local board may prescribe and impose penal- 
ties for the violation of or failure to comply with any of 
its orders or regulations, not exceeding one hundred 
dollars for a single violation or failure, to be sued for 
and recovered by it in the name and for the benefit 
of the municipality; and to maintain actions in any 



Boards of Health. 148a 

<eourt of competent jurisdiction to restrain by injunction 
such violations, or otherwise to enforce such orders and 

regulations. 

Am'd 1 y ch, 203 of 1895. In effect April 1, 1895. 

Whenever such local board of health in any incorpo- 
rated village shall deem the sewers of such village 
insufficient to properly and safely sewer such village, 
and protect the public health, it shall certify such fact 
in writing to the board of trustees of such village, stating 
and recommending w T hat additions or alterations should 
in the judgment of such board of health be made, with 
its reasons therefor, and thereupon such board of trustees 
shall immediately convene and consider such recom- 
mendations, and if approved by such board of trustees, 
the same shall be certified to the state board of health 
for its approval, and if such recommendations shall be 
approved by the state board of health, it shall be the 
duty of the board of trustees of such village to forthwith 
make such additions to or alterations in the sewers of 
such village and execute such recommendation, and the 
expenses thereof shall be paid for by said village in the 
-same manner as other village expenses are paid, and 
said village is hereby authorized to raise such sum as 
may be necessary for the payment of the expenses 
incurred, as herein provided, in addition to the amount 
such village is now authorized to raise by law for corpo- 
Tation purposes, and such board of trustees shall have 
the right to acquire such lands, rights of way, or other 
easements, by gift, or purchase, or in case the same 
^an not be acquired by purchase the board of trustees 



I486 A Manual for 

may acquire the same by condemnation in the manner 
provided by law. 

Add'd by ch. 928 of 1895. In effect June 5, 1895. 

§ 22. Vital statistics. — Every such local board shall 
supervise and make complete the registration of all 
births, marriages and deaths occurring within the 
municipality, and the cause of death and the findings 
of coroners' juries, in accordance with the methods and 
forms prescribed by the state board of health, and, after 
registration, promptly forward the certificate of such 
births, marriages and deaths to the state bureau of vital 
statistics. Every parent or custodian of a child born, 
and the physician or midwife who attended at the birth 
of such child, and every groom, officiating clergyman or 
magistrate at every marriage, shall cause a certificate 
of such birth or marriage to be returned within thirty 
days thereafter to the local board of health or person 
designated by it to receive the same, which shall be 
attested, if a birth, by the physician or midwife, if any,, 
in attendance, and, if a marriage, by the officiating 
clergyman or magistrate. The cost of such registration, 
not exceeding twenty-five cents for the complete regis- 
tered record of a birth, marriage or death, shall be a 
charge upon the municipality. The charge for a copy 
thereof shall be fixed by the board, not exceeding the 
same sum for a complete copy of a single registered 
record and the additional sum of twenty-five cents if 
certified to. Such copies shall be furnished upon request 
of any person, and when certified to be correct by the 
president or secretary of the board or local registering 



Boards of Health. 149 

officer designated by it shall be presumptive evidence 
in all courts and places of the facts therein stated. 

Am'd by ch. 679 of 1S94. In effect May 12, 1894. 

§ 23. Burial and burial permits. — Every such local 
board shall prescribe sanitary regulations for the burial 
and removal of corpses, and shall designate the persons 
who shall grant permits for such burial, and permits for 
the transportation of any corpse which is to be carried 
for burial beyond the county where the death occurred. 
Every undertaker, sexton or other person having charge 
of any corpse, shall procure a certificate of the death and 
the probable cause duly certified by the physician in at- 
tendance upon the deceased during his last illness, or by 
the coroner where an inquisition is required bylaw, and 
if no physician was in attendance, and no inquest has 
been held or required by law, an affidavit stating the 
circumstances, time and cause of death, and sworn to 
by some credible person known to the officer granting 
the permit, and there shall be no burial or removal of a 
corpse until such certificate or affidavit has been pre- 
sented to the local board or to the person designated by 
it, and thereupon a permit for such burial or removal has 
been obtained. When application is made for a permit to 
transport a corpse over any railroad or upon any passen- 
ger steamboat within the state, the board of health, or 
the officers to whom such application is made, shall re- 
quire such corpse to be inclosed in a hermetically sealed 
casket of metal or other indestructible material, if the 
cause of death shall have been from a contagious or in- 
fectious disease. 

§ 24. Contagious and infectious diseases. — Every 
such local board of health shall guard against the in- 



150 A Manual for 

trod action of contagious and iufectious diseases by the 
exercise of proper and vigilant medical inspection and 
control of all persons and things arriving in the muni- 
cipality from infected places, or which from any cause 
are liable to communicate contagion. It shall require 
the isolation of all persons and things infected with or 
exposed to such diseases, and provide suitable places for 
the treatment and care of sick persons who can not 
otherwise be provided for. It shall prohibit and pre- 
vent all intercourse and communication with or use of 
infected premises, places and things, and require, and, 
if necessary, provide the means for the thorough purifi- 
cation and cleansing of the same before general inter- 
course with the same or use thereof shall be allowed. It 
shall report to the state board of health, promptly, the 
facts relating to contagious and infectious diseases, and 
every case of small -pox or varioloid within the munici- 
pality. Health officers of villages and towns shall report 
in writing once a month to the state board of health all 
cases of such infectious and contagious diseases as may 
be required by the state board of health, and for such 
reporting the health officer shall be paid by the munici- 
pality employing him, upon the certification of the state 
board of health, a sum not to exceed twenty cents for 
each case so reported ; and the health officer shall report 
annually on or before the first day of January in each 
year the number of cases of consumption which have ex- 
isted in his jurisdiction during that year, and for each 
case thus reported he shall receive a sum not to exceed 
ten cents, to be paid in the same manner as the other 
like charges are paid. It shall provide, at stated inter- 
vals, a suitable supply of vaccine virus, of a quality and 
from a source approved by the state board of health, 
and during an actual epidemic of small-pox obtain fresh 



Boards of Health. 151 

supplies of such virus at intervals not exceeding one 
week, and at all times provide thorough and safe vacci- 
nation for all persons in need of the same. If a pesti- 
lential, infectious or contagious disease exists in any 
county almshouse or its vicinity, and the physician 
thereof shall certify that such disease is likely to endan- 
ger the health of its inmates, the county superintendent 
of the poor may cause such inmates or any of them to 
be removed to such "other suitable place in the county as 
the local board of health of the municipality where the 
almshouse is situated may designate there to be main- 
tained and provided for at the expense of the county, 
with all necessary medical care and attendance until they 
shall be safely returned to such almshouse or otherwise 
discharged. The boards of health of the cities of New 
York, Brooklyn, Buffalo, Albany and Yonkers, shall re- 
port promptly to the state board all cases of small-pox 
typhus and yellow fever and cholera and the facts relat- 
ing thereto. 

§ 25. Nuisances. — Every such local board shall re- 
ceive and examine into all complaints made by any 
inhabitant concerning nuisances, or causes of danger 
or injury to life and health within the municipality, and 
may enter upon or within any place or premises where 
nuisances or conditions dangerous to life and health are 
known or believed to exist, and by its members or other 
persons designated for that purpose, inspect and exam- 
ine the same. The owners, agents and occupants of any 
such premises shall permit such sanitary examinations 
to be made, and the board shall furnish such owners, 
agents and occupants with a written statement of the 
results and conclusions of any such examination. Every 
such local board shall order the suppression and removal 
of all nuisances and conditions detrimental to life and 



152 A Manual for 

health found to exist within the municipality. When- 
ever the state board of health or its president and secre- 
tary shall by notice to the presiding officer of any local 
board of health, request him to convene such local 
board to take certain definite proceedings concerning 
which the state board of health or its president and 
secretary shall be satisfied that the action recommended 
by them is necessary for the public good, and is within 
the jurisdiction of such board of health, such presiding 
officer shall convene such local board, which shall take 
the action recommended. 

§ 26. Removal of nuisances. — If the owner or oc- 
cupant of any premises fails to comply with any order 
or regulation of any such local board for the suppres- 
sion and removal of any nuisance or other matter, in the 
judgment of the board detrimental to the public health, 
made, served or posted as required in this article, such 
boards or their servants or employes may enter upon the 
premises to which such order or regulation relates, and 
suppress or remove such nuisance or other matter. The 
expense of such suppression or removal shall be paid by 
the owner or occupant of such premises, or by the per- 
son who caused or maintained such nuisance or other 
matters, and the board may maintain an action in the 
name of the municipality to recover such expense, and 
the same when recovered shall be paid to the treasurer 
of the municipality, or if it has no treasurer to its chief 
fiscal officer, to be held and used as the funds of the 
municipality. 

§ 27. Expense of abatement of nuisances a lien 
upon the premises. — If execution upon a judgment 
for the recovery of the expense of the suppression or re- 
moval of a nuisance or other matter, pursuant to an or- 
der or regulation of any such local board, is returned 



Boards of Health. 153 

wholly or in part unsatisfied, such judgment, if dock- 
eted in the place and manner required by law to make 
a judgment of a court of record a lien upon real prop- 
erty, shall be a first lien upon such premises, having 
preference over all other liens and incumbrances what- 
ever. The board may cause such premises to be sold 
for a term of time for the payment and satisfaction of 
such lien and the expenses of the sale. Notice of such 
sale shall be published for twelve weeks successively, at 
least once in each week, in a newspaper of the city, vil- 
lage or town, or if no newspaper is published therein, in 
the newspaper published nearest to such premises. If 
the own^r or occupant of the premises, or his agent, is 
known, a copy of such notice shall be served upon him, 
either personally, at least fourteen days previous to the 
sale, or by mail at least twenty-eight days prior thereto. 
The premises shall be sold to the person offering to take 
them for the shortest time, paying the amount unpaid 
on such judgment and interest and the expenses of 
such notice and sale. A certificate of the sale, signed 
and acknowledged by the president and secretary of the 
board, shall be made and delivered to the purchaser, 
and may be recorded as a conveyance of real property, 
and the purchaser shall thereupon be entitled to the im- 
mediate possession of such premises, and, if occupied, 
may maintain an action or proceeding to recover the 
possession thereof against the occupant, as against a 
tenant of real property holding over after the expiration 
of his term; and the cost of any such action or proceed- 
ing, if not paid by the occupant, shall also be a lien 
upon such premises, having the same preference as the 
lien of such judgment, and the right of the purchaser 
to such premises shall be extended for a longer term, 
which shall bear the same proportion to the original 



154 A Manual for 

term as the amount of such costs bears to the amount 
paid by the purchaser on such sale. The term of the 
purchaser at any such sale shall commence when he 
shall have acquired possession of the premises sold. At 
any time within six months after recording such certifi- 
cate, the owner of the premises or any lessee, mortgagee 
or incumbrancer thereof, or of any part of the same, 
may redeem the premises or any such part from such 
sale by paying to the purchaser the amount paid by him 
on the sale, and all costs and expenses incurred by him in 
any action or proceeding to recover possession with in- 
terest at the rate of ten per cent per annum thereon. 
If redemption is made by the owner, the right of the 
purchaser shall be extinguished; if by a lessee, the 
amount paid shall be applied as a payment upon any 
rent due or which may accrue upon his lease; if by a 
mortgagee or an incumbrancer, the amount paid shall 
be added to his mortgage, incumbrance or other lien, or 
if he have more than one to the oldest, and shall there- 
after be a part of such mortgage, lien or incumbrance 
and enforceable as such. 

§ 28. Manufactures in tenement houses and 
dwellings. — No room or apartment in a tenement or 
dwelling house, used for eating or sleeping purposes, 
shall be used for the manufacture, wholly or partly, of 
coats, vests, trousers, knee-pants, overalls, cloaks, shirts, 
purses, feathers, artificial flowers or cigars, except by 
the members of the family living therein, which shall 
include a husband and wife and their children, or the 
children of either. A family occupying or controlling 
such a workshop shall, within fourteen days from the 
time of beginning work therein, notify the board of 
health of the city, village or town, where such shop is 
located, or a special inspector appointed by such board, 



Boaeds of Health. 155 

of the location of such workshops, the nature of the 
work carried on, and the number of persons employed 
therein; and thereupon such board shall, if it deems ad- 
visable, cause a permit to be issued to such family to 
carry on the manufacture specified in the notice. Such 
board may appoint as many persons as it deems advis- 
able to act as special inspectors. Such special inspect- 
ors shall receive no compensation, but may be paid by 
the board their reasonable and necessary expenses. If 
a board of health or such inspector shall find evidence 
of infectious or contagious diseases present in any work- 
shop, or in goods manufactured or in process of manu- 
facture therein the board shall issue such orders as the 
public health may require, and shall condemn and destroy 
such infectious and contagious articles, and may, if 
necessary to protect the public health, revoke any permit 
granted by it for manufacturing goods in such work- 
shop. If a board of health or any such inspector shall 
discover that any such goods are being brought into the 
state, having been manufactured, in whole or in part, 
under unhealthy conditions, such board or inspector 
shall examine such goods, and if they are found to con- 
tain vermin, or to have been made in improper places or 
under unhealthy conditions, the board may make such 
orders as the public health may require, and may con- 
demn and destroy such goods. 

§ 29. Jurisdiction of town and village boards. — 
A town board of health shall not have jurisdiction over 
any city or incorporated village or part of such city or 
village in such town, if such city or village has an or- 
ganized board of health. The boards of health of any 
town and the incorporated villages therein, or any two 
or more towns and the incorporated villages therein, 
may unite, with the written approval of the state board 



156 A Manual for 

of health, in a combined sanitary and registration dis- 
trict, and appoint for such district one health officer and 
registering officer, whose authority in all matters of 
general application shall be derived from the boards of 
health appointing him; and in special cases not of gen- 
eral application arising within the jurisdiction of but 
one board shall be derived from such board alone. 

§ 30. Expenses, how paid. — All expenses incurred 
by any local board of health in the performance of the 
duties imposed upon it or its members by law shall be a 
charge upon the municipality, and shall be audited, 
levied, collected and paid in the same manner as the 
other charges of, or upon, the municipality are audited, 
levied, collected and paid. The taxable property of any 
village maintaining its own board of health shall not be 
subject to taxation for maintaining any town board of 
health, or for any expenditure authorized by the town 
board of health, but the costs and the expenditures of 
the town board shall be assessed and collected exclusively 
on the property of the town outside of any such village 

§ 31. Mandamus. — The performance of any duty or 
the doing of any act enjoined, prescribed or required by 
this article, may be enforced by mandamus at the instance 
of the state board of health or its president or secretary, 
or of the local board of health, or of its president or secre- 
tary, or of any citizen of full age resident of the munici- 
pality where the duty should be performed or the act done. 

§ 32. Exceptions and limitations as to cities of 
New York, Brooklyn, Buffalo, Albany and Yon- 
kers. — This article shall not be construed to affect, alter 
or repeal laws now in force relating to the boards of 
health of the cities of New York, Brooklyn, Buffalo, 
Albany and Yon kers, nor the sanitary codes duly adopted 
and now in force in such cities. 



Boards of Health. 157 

ARTICLE III. 

ADULTERATIONS 

Section 40. Definitions. 

41. Adulterations. 

42. Duties of state board of health in respect to adultera- 

tions. 

43. Analysis of spirituous, fermented or malt liquors. 

44. Samples to be furnished. 

45. Seizure of milk. 

46. Adulteration of wines. 

47. Pure wine defined. 

48. Half wine and made wine defined; packages how 

stamped or labeled. 

49. Penalties. 

50. Report to district attorney. 

§ 40. Definitions. — The term, food, when used herein, 
shall include every article of food and every beverage 
used by man and all confectionery; the term, drug, when 
so used shall include all medicines for external and in- 
ternal use. 

§41. Adulterations. — No person shall, within the 
state, manufacture, produce, compound, breAv, distill, 
have, sell or offer for sale any adulterated food or drug. 
An article shall be deemed to be adulterated within the 
meaning of this act: A. In the case of drugs: 

1. If when sold under or by a name recognized in the 
United States pharmacopeia, it differs from the standard 
of strength, quality or purity laid down therein. 

2. If, when sold under or by a name not recognized 
in the United States pharmacopeia, but which is found 
in some, other pharmacopeia or other standard work on 
materia medica, it differs materially from the standard 
of strength, quality or purity laid down in such work. 



158 A Manual for 

3. If its strength or purity fall below the professed 
standard under which it is sold. 

B. In the case of food : 

1. If any substance or substances has or have been 
mixed with it so as to reduce or lower or injuriously 
affect its quality or strength. 

2. If any interior or cheaper substance or substances 
have been substituted wholly or in part for the article. 

3. If any valuable constituent of the article has been 
wholly or in part abstracted. 

4. If it be an imitation or be sold under the name of 
another article. 

5. If it consists wholly or in part of diseased or de- 
composed or putrid or rotten animal or vegetable sub- 
stance, whether manufactured or not, or in the case of 
milk, if it is the produce of a diseased animal. 

6. If it be colored, or coated, or polished, or powdered, 
whereby damage is concealed, or it is made to appear 
better than it really is, or of greater value. 

7. If it contain any added poisonous ingredient, or 
any ingredient which may render such article injurious 
to the health of the person consuming it. Provided 
that an article of food which does not contain any in- 
gredient injurious to health, shall not be deemed to have 
been adulterated, in the case of mixtures or compounds 
which may be now, or from time to time hereafter, 
known as articles of food under their own distinctive 
names, or which shall be labeled so as to plainly indi- 
cate that they are mixtures, combinations, compounds 
or blends, and not included in definition fourth of this 
section. 

C. In the case of spirituous, fermented and malt 
liquors, if it contain any substance or ingredient not 
normal or healthful to exist in spirituous, fermented or 



Boards of Health. 159 

malt liquors, or which maybe deleterious or detrimental 
to health when such liquors are used as a beverage. In 
the case of ale or beer, if it contain any substitute for 
hops, or pure extract of hops, or if any such substitute 
is used in the manufacture thereof. 

D. In the case of confectionery, if it contains terra 
alba, barytes, talc or other mineral substance or poison- 
ous colors or flavors, or other ingredient deleterious or 
detrimental to health. If the standard of any article 
of food or any drug is not established in a national 
pharmacopeia, the state board of health shall, from 
time to time, fix the limit for variability permissible 
therein. The state board of health may, from time to 
time, with the approval of the governor, declare what 
articles or preparations shall be exempt from the pro- 
visions of this article, and publish a list of such articles 
which shall thereafter be so exempt. Every person vio- 
lating any provision of this section shall forfeit to the 
people of the state the sum of one hundred dollars for 
every such violation. 

§ 42. Duties of state board of health in respect 
to adulterations. — The state board of health shall 
take cognizance of the interests of the public health as 
affected by the sale or use of food and drugs and the 
adulterations thereof, and make all necessary inquiries 
and investigations relating thereto. It shall appoint 
such public analysts, chemists and inspectors as it may 
deem necessary for that purpose, and revoke any such 
appointment whenever it shall deem the person ap- 
pointed incompetent, or his continuance in the service 
lor any reason undesirable. It shall from time to time, 
adopt such measures and make such regulations and 
declarations, in addition to the provisions of this article, 
as may seem necessary to enforce or facilitate the en- 



160 A Manual for 

forcement of this article, or for the purpose of making 
an examination or analysis of any food or drug sold or 
exposed for sale in the state, and all such regulations 
and declarations made in any year shall be filed in the 
office of the secretary of state and published in the ses- 
sion laws first published after the expiration of thirty 
days from such filing. 

§ 43. Analysis of spirituous, fermented or malt 
liquors. — The state board of health shall at least once 
in each calendar year cause samples to be procured in 
the public market or otherwise of the spirituous, fer- 
mented or malt liquors, distilled, brewed, manufactured, 
sold or offered for sale in each brewery and distillery 
located in this state. Such samples shall be kept in 
vessels in a condition to obtain a proper test and analysis 
thereof. Such vessels shall be properly labeled and num- 
bered by the secretary of such board, who shall prepare 
and keep an accurate list of the names of the distillers, 
brewers and vendors of the liquors from which the sam- 
ples were taken, and opposite each name shall appear 
the number which is written or printed on the label at- 
tached to the vessel containing the sample. Such lists, 
numbers and labels shall be exclusively for the informa- 
tion of such board, and shall not be disclosed or pub- 
lished unless upon discovery of some deleterious sub- 
stance therein prior to the completion of the analysis or 
required in evidence in court. When listed and num- 
bered, every such sample shall be delivered to an analyst, 
chemist or officer of the board, and shall be designated 
and known to him only by its number, and by no other 
mark or designation. A test or analysis of such sample 
shall be made by such analyst, chemist or officer, which 
will determine the ingredients or component parts 
thereof. The result of such test or analysis shall be im- 



Boards of Health. 1C1 

mediately reported by the person making the same to 
the secretary of such board, setting forth explicitly the 
nature of any deleterious substance, compound or adul- 
teration found therein which may be detrimental to 
public health, and the number of samples in which it 
was found. Any brewer, distiller or vendor in whose 
samples any such substance, compound or adulteration 
is found upon any such test or analysis, shall be deemed 
to have violated the provisions of this article, prohibit- 
ing the manufacturing, having, selling or offering for 
sale adulterated food. 

§ 44. Samples to be furnished.— Every person sell- 
ing, or offering, or exposing for sale or manufacturing 
or producing any article of food, or any drug, shall upon 
tender of the value thereof, furnish any analyst, chemist, 
officer or agent of the state board of health or of any 
local board of health, with a sample of any such article 
or drug, sufficient for the purpose of analysis or test. 
For every refusal to furnish the same, the person so re- 
fusing shall forfeit to the people of the state the sum of 
one hundred dollars. 

§ 45. Seizure of milk. — When a health officer or 
other official shall seize or destroy or cause to be seized 
or destroyed any milk, he shall take a sample of such 
milk in the presence of at least one witness, and shall, 
in the presence of such witness, seal such sample and 
tender it to the vendor or person in charge of such milk, 
and if accepted, shall also deliver therewith, a statement 
in writing of the date and cause of such seizure or de- 
struction. Any health officer or other official violating 
the provisions of this section, shall be liable to a penalty 
of fifty dollars, to be recovered by the person aggrieved. 

§ 46. Adulteration of wines. — All wines containing 
alcohol, except such as shall be produced by the natural 



1C2 A Manual for 

fermentation of pure undried fruit juices or compounded 
with distilled spirits, whether denominated, as wines or 
by any other name, which may be used as a beverage or 
compounded with other liquors intended for such use, 
and all compounds of the same with pure wine, and all 
preserved fruit juices compounded with substances not 
produced from undried fruit in the nature of or intended 
for use as a beverage, or for use in the fermentation or 
preparation of liquors intended for such use, and all 
wines, imitations of wines or other beverages produced 
from fruit, which shall contain any alum, baryta 
salts, caustic lime, carbonate of soda, carbonate of pot- 
ash, carbonic acid, salts of lead, glycerine, salic acid, 
or any other antiseptic, coloring matter, not produced 
from undried fruit, artificial flavoring, essence of ether 
or any other foreign substance injurious to health, shall 
be known as or deemed to be adulterated wine, and shall 
not be sold, offered for sale or manufactured with intent 
to sell within this state ; and all such wine and every 
such beverage shall be deemed a public nuisance and 
forfeited to the state and shall be summarily seized and 
destroyed by any health officer within whose jurisdiction 
it shall be found, and the reasonable expense of such 
seizure and destruction shall be a county charge. 

§ 47. Pure wine defined. — For the purpose of this 
article, pure wine shall be deemed to mean the fermented 
juice of undried grapes or other undried fruits, but the 
addition of pure sugar to perfect the wine or of pure 
distilled spirits to preserve it, not to exceed eight per 
cent of its volume, or the use of things necessary to 
clarify and fine the wine not injurious to health shall not 
be construed as adulteration, if such pure wine shall 
contain at least seventy-five per cent of pure grape or 
other undried fruit juice. 



Boards of Hj-alth. 1C3 

§ 48. Half wine and made wine defined ; pack- 
ages how stamped or labeled. — For the purpose of 
this article, any wine which contains less than seventy- 
five and more than fifty per cent of pure grape or other 
nndried fruit juice and is otherwise pure shall be known 
as half wine, and upon each and every package of such 
wine manufactured with the intent to sell, or sold or 
offered for sale by any person within this state, if con- 
taining more than three gallons, there shall be stamped 
on both ends of the package containing the same in 
black printed letters, at least one inch in height and of 
proper proportion in width, the words " half wine ; " 
and if containing more than one quart and not more 
than three gallons, there shall be stamped on each 
package in plain printed black letters, at least one- half 
inch high and of proper proportion as to width, the 
words "half wine;" and if in a package or bottle of 
one quart or less, there shall be placed a label securely 
pasted thereon, having the words "half wine" plainly 
printed in black letters at least one-quarter of an inch 
high and of proper proportion as to width. If any 
number of small packages is inclosed in a larger pack- 
age, as a box, barrel, case or basket, such outside package 
shall have thereon the stamp •'half wine" in letters of 
a size according to the size of such outer package. 
Every person who shall sell, offer for sale, or manufac- 
ture with the intent to sell, within the state any wine 
containing less than fifty per centum of pure grape or 
other undried fruit juice and otherwise pure, shall cause 
all the packages containing the same to be stamped, 
marked and labeled with the words "made wine" in 
the same manner as "half wine" is required in this 
section to be stamped, marked and labeled, and all such 
wine shall be known and sold as " made wine." 



164 A Manual for 

§49. Penalties. — Every person who manufactures 
with intent to sell, sells or offers for sale within the 
state, any wine of a kind or character, the manufacture, 
sale or offering for sale of which is prohibited by this 
article, or which is not stamped, marked or labeled as 
required by this article, shall forfeit to the county 
wherein such manufacture, sale or offering for sale takes 
place, the sum of one-half dollar for each gallon thereof 
so sold or manufactured with the intent to sell. The 
provisions of the three preceding sections of this article 
shall not apply to medicated wines which are put up 
and sold for medical purposes only. 

§ 50. Report to district attorney. — Upon discover- 
ing any violations of the provisions of the Penal Code 
relating to the adulteration of foods and drugs, the 
state board of health shall immediately communicate 
the facts to the district attorney of the county where 
the violation occurred, who shall thereupon forthwith 
commence proceedings for the indictment and trial of 
the person charged with such violation. Nothing in 
this article shall be construed to in any way repeal or 
affect any of the provisions of chapter 183 of the Laws 
of 1885, or the acts amendatory thereof or supplemental 
thereto, or of chapter 515 of the Laws of 1889, nor to 
prohibit the coloring of butter made from milk, the 
product of the dairy or the cream from the same with 
coloring matter which is not injurious to health. 

ARTICLE IV. 

TUBERCULOSIS AND GLANDERS. 
Section 60. Jurisdiction of state board. 

61. Suppression of tuberculosis. 

62. Destruction of cattle or animals affected with tuber- 

culosis or glanders. 



Boards of Health. 105 

Section 63. Compensation to owners. 
64. Penalties. 

§ 60. Jurisdiction of state board. — The state 
board oi' health shall investigate concerning the exist- 
ence and cause of tuberculosis in cattle and the danger 
to the public health therefrom, and shall use all reason- 
able means for averting and suppressing such disease. 
Such board may cause all proper information in its pos- 
session respecting tuberculosis in cattle to be sent to the 
local board of health nearest to the cattle affected, and 
may add thereto such useful suggestions as to the 
removal of the sources of danger therefrom or as to 
the destruction of such cattle, as to such board may seem 
proper. The local health authorities shall supply to the 
state board of health like information and suggestions 
respecting the existence of tuberculosis in cattle. 

§ 61. Suppression of tuberculosis. — Whenever 
tuberculosis shall be found among cattle in any part of 
the state, the state board of health shall take measures 
to suppress such disease and prevent the spread thereof, 
and may order all persons to take such precautions 
against the spread of such disease as it may deem nec- 
essary or expedient. Such board may call upon any 
peace officer in the neighborhood of such disease to 
enforce the orders of such board respecting such disease, 
and to observe and carry out the rules, orders and instruc- 
tions which he may receive therefrom. Such board 
may prescribe regulations for the destruction of cattle 
affected with tuberculosis, for the proper dispensation 
of their hides and carcasses and of all objects which 
might convey the infection or contagion, and for the 
disinfection of premises, buildings, boats, cars, stables 
and other objects or places from or by which such infec- 
tion or contagion might be communicated. The state 



166 A Manual for 

board of health may employ such medical aid, veterinary 
practitioners and other persons as it may deem neces- 
sary, to assist in the inspection, isolation, destruction or 
disposition of cattle affected with tuberculosis, prescribe 
rules and regulations for such inspectors and employes, 
and fix their compensation. 

§ 62. Destruction of domestic animals affected 
with tuberculosis or glanders. — Whenever the state 
board of health may deem it necessary for the preven- 
tion of the spread of tuberculosis in cattle, such board 
may cause to be killed, any animal affected thereby, or 
which, by contact with diseased animals or by exposure 
or infection or contagion therefrom, such board may 
determine is liable to contract or communicate such 
disease; but no such diseased animal shall be so killed 
on account of tuberculosis unless first examined by a 
veterinary practitioner in the employ of the state board 
of health, and, if desired by the owner, appraised as 
hereinafter provided. A local board of health shall, 
pursuant to rules and regulations prescribed by the 
state board of health, cause to be killed, every horse 
affected with glanders, found within its jurisdiction, 
but no horse shall be so killed on account of glanders 
until the value thereof be appraised as hereinafter pro- 
vided. 

Ani'd by ch. 674 of 1S94. I:i effect May 12, 1804. 

§ 63. Compensation to owners. — To determine the 
value of such animal, the comptroller shall designate 
some competent, disinterested person, residing within 
the judicial district in which such animal may be, to 
act as appraiser, with an appraiser to be selected by 
the owner of such animal, who shall promptly fix a time 
when they shall view such animal and shall proceed to 
appraise the value thereof. In case of a disagreement 
between the two appraisers, the third appraiser shall be 
selected by them, and the estimate of the value of either 
two of them shall be final. The animal shall be ap- 
praised at its sound value, provided, however, no single 
unregistered animal shall be appraised at more than 
sixty dollars ; and no horse affected with glanders shall 



Boards of Health. 166a 

be appraised at more than fifty dollars. Each appraisal 
shall be in writing, signed by the appraiser or apprais- 
ers agreeing, and shall be delivered by them, if the 
animal be suspected of tuberculosis, to the veterinary 
practitioner in charge of such animal, and if the animal 
be a horse affected with glanders, to the secretary of the 
local board of health having jurisdiction thereof. Upon 
the delivery of such appraisal, such animal shall be 
killed, as hereinbefore provided ; and if it be killed on 
account of tuberculosis, the veterinary practitioner in 
charge thereof shall forthwith make a post-mortem ex- 
amination of the animal, and if it shall be discovered 
on such post-mortem examination that the animal was 
affected by tuberculosis, the owner of the animal shall 
be entitled to receive one-half of the appraised value ; 
provided however that not more than sixty dollars shall 
be paid for a diseased registered animal and not more 
than twenty-five dollars shall be paid for a diseased 
unregistered animal, but if such examination of the 
animal killed on account of tuberculoses discloses that 
the animal was not affected with tuberculosis, the owner 
shall be entitled to receive the fall appraised value. 
The written appraisal of the value of an animal killed 
on account of tuberculosis, and a written statement of 
the result of the post-mortem examination thereof, 
signed by the veterinary practitioner in charge thereof, 
shall forthwith be transmitted by such veterinary prac- 
titioner to the secretary of the state board of health, 
who shall file the same in his office. The secretary of 
the loeal board of health having jurisdiction in the care 
of a horse affected with glanders shall, in case such 
horse is killed, upon receipt of the written appraisal, 
signed by the appraiser or appraisers, as hereinbefore 
provided, forthwith make and sign a certificate of such 
fact, and transmit such appraisal and certificate to the 
secretary of the state board of health, who shall file the 
same in his office. Upon receipt from the veterinary 
practitioner, in the case of an animal killed on account 
of tuberculosis, or from the secretary of the local board 
of health having jurisdiction in the case of a horse killed 
on account of glanders, such secretary of the state board 



1666 A Manual for 

of health shall forthwith make a written certificate, 
signed by him, setting forth the name and post-office 
address of the owner of the animal killed, and the 
amount which such owner is entitled to be paid on ac- 
count of the killing of such animal, and shall forthwith 
transmit such certificate to the comptroller, who shall 
issue his warrant upon the treasurer for the payment to 
such person of the amount so certified, and shall mail 
the same to such person at his post-office address as it 
appears by such certificate. No compensation shall be- 
allowed to any person who shall have willfully concealed 
the existence of tuberculosis or glanders among his ani- 
mals, or upon his premises, or who, directly or indirectly, 
by act or willful neglect, shall have contributed to the 
spread of such diseases or either of them, and no com- 
pensation shall be made under the provisions of this act 
to any owner, for animals killed unless the animal or 
animals killed shall have been actually owned and pos- 
sessed by the owner thereof within this state for a period 
of three months prior to such condemnation. The ap- 
praisers to be appointed as aforesaid, by the comptroller, 
shall hold office during the pleasure of the state board 
of health. Each appraiser so appointed shall receive 
as compensation the sum of five dollars per day for each 
day actually employed, and shall also be paid his actual 
necessary disbursements, but no claim for services or 
disbursements shall be allowed or paid unless accom- 
panied by a verified detailed statement thereof. 

§ 3. The sum of thirty thousand dollars, or so much 
thereof as may be necessary, is hereby appropriated out 
of any funds not otherwise appropriated, for the pay- 
ment of claims to owners of animals killed in pursuance 
of the provisions of this act. 

Atn'd by ch. 674 of 1S ( J4. In effect May 12, 1894. 

§ 64. Penalties. — Any person refusing to obey or 
violating an order, rule or regulation of the state board 
of health respecting tuberculosis in cattle, adopted pur- 
suant to law, shall be liable to a penalty of one hundred 
dollars, recoverable by the state board of health, and 
applicable to the payment of the expenses of such board, 
in carrying out the provisions of this article. 



Boards of Health. 167 

§ 65. Special committee of state board. — The 

state board of health may appoint two of its members 
as a committee, whose particular duties shall be to carry 
out the provisions of the public health law, relating to 
tuberculosis in cattle, and such members so appointed 
shall be entitled to receive a salary of two hundred and 
fifty dollars per month and any necessary expenses, 
and they shall hold office for one year. Such committee 
•shall keep a complete record of all the work done and 
submit monthly reports thereof to the state board of 
health. 

Am'd by ch. 1013 of 1895. In effect June 14, 1895. 

ARTICLE V. 

POTABLE WATERS. 

Section 70. Rules and regulations of state board. 

71. Inspection of water supply. 

72. Sewerage. 

73. Discbarge of sewage into Wallkill creek, prohibited. 

74. Discbarge of sewage into the Susquehanna near 

Bingbamton, prohibited. 

§ 70. Rules and regulations of state board. — 
The state board of health may make rules and regula- 
tions for the protection from contamination of any or 
all public supplies of potable waters and their sources 
within the state, and impose penalties for the violation 
thereof or the non-compliance therewith, not exceeding- 
two hundred dollars for every such violation or non- 
compliance. Every such rule or regulation shall be 
published at least once in each week for six consecutive 
weeks, in at least one newspaper of the county where 
the waters to which it relates are located. The cost of 
such publication shall be paid by the corporation or 



168 A Manual for 

municipality benefited by the protection of the water 
supply, to which the rule or regulation published relates. 
The affidavit of the printer, publisher or proprietor of 
the newspaper in which such rule or regulation is pub- 
lished maybe filed, with the rule or regulation published, 
in the county clerk's office of such county, and such 
affidavit and rule and regulation shall be conclusive evi- 
dence of such publication, and of all the facts therein 
stated in all courts and places. 

§ 71. Inspection of water supply. — The officer or 
board having by law the management and control of the 
potable water supply of any municipality, or the corpo- 
ration furnishing such supply, may make such inspec- 
tion of the sources of such water supply, as such officer, 
board or corporation deems it advisable, and to ascertain 
whether the rules or regulations of the state board are 
complied with. If any such inspection discloses a viola- 
tion of any such rule or regulation such officer, board or 
corporation shall cause a copy of the rule or regulation 
violated to be served upon the person violating the same, 
with a notice of such violation. If the person served 
does not immediately comply with the rule or regulation 
violated, such officer, board or corporation shall notify 
the state board of the violation, which shall immediately 
examine into such violation; and if such person is found 
by the state board to have actually violated such rule or 
regulation, the secretary of the state board shall order 
the local board of health of such municipality to con- 
vene and to enforce obedience to such rule or regulation. 
If the local board fails to' enforce such order within ten 
days after its receipt, the corporation furnishing such 
water supply, or the municipality deriving its water 
supply from the waters to which such rule or regula- 
tion relates, may maintain an action in a court of record, 



Boaeds of Health. 169 

which shall be tried in the county wiiere the cause of 
action arose against such person, for the recovery of the 
penalties incurred by such violation, and for an injunc- 
tion restraining him from the continued violation of 
such rule or regulation. 

§ 72. Sewerage. — When the state board of health 
shall, for the protection of a water supply from contami- 
nation, make orders or regulations the execution of 
which will require or make necessary the construction 
and maintenance of any system of sewerage, or a change 
thereof, in or for any village or hamlet, whether incor- 
porated or unincorporated, or the execution of which 
will require the providing of some public means of re- 
moval or purification of sewage, the municipality or cor- 
poration owning the water-works benefited thereby shall, 
at its own expense, construct and maintain such system 
of sewerage, or change thereof, and provide such means 
of removal and purification of sewage, and such works or 
means of sewage disposal as shall be approved by the state 
board of health. When the execution of any such regula- 
tions of the state board of health will occasion or require 
the removal of any building or buildings, the munici- 
pality or corporation owning the water-works benefited 
thereby shall, at its own expense, remove such buildings 
and pay to the owner thereof all damages occasioned by 
such removal. When the execution of any such regu- 
lation will injuriously affect any manufacturing or 
industrial enterprise which is not a public nuisance, 
such municipality or corporation shall pay all damages 
occasioned by the enforcement thereof. Until such con- 
struction or change of such system or systems of sewer- 
age, and the providing of such means of removal or 
purification of sewage, and such works or means of sew- 
age disposal and the removal of any building, are so 



170 A Manual foe 

made by the municipality or corporation owning the 
water-works to be benefited thereby at its own expense, 
there shall be no action or proceeding taken by such 
municipality or corporation against any person or cor- 
poration for the violation of any regulation of the state 
board of health under this article, and no person or cor- 
poration shall be considered to have violated or refused 
to obey any such rule or regulation. The owner of any 
building the removal of which is occasioned or required, 
or which has been removed by any rule or regulation of 
the state board of health made under the provisions of 
this article, and all persons whose rights of property are 
injuriously affected by the enforcement of any such 
rule or regulation, shall have a cause of action against 
the municipality or corporation owning the water- works 
benefited by the enforcement of such rule or regulation, 
for all damages occasioned or sustained by such removal 
or enforcement, and an action therefor may be brought 
against such municipality or corporation in any court of 
record in the county in which the premises or property 
affected is situated and shall be tried therein; or such 
damages may be determined by a special proceeding in 
the supreme court or the county court of the county in 
which the property is situated. Such special proceed- 
ings shall be commenced by petition and notice to be 
served by such owner upon the municipality or corpora- 
tion in the same manner as for the commencement of 
condemnation proceedings. Such municipality or cor- 
poration may make and serve an answer to such petition 
as in condemnation proceedings. The petition and 
answer shall set forth the claims of the respective par- 
ties, and the provisions of the condemnation law shall 
be applicable to the subsequent proceedings upon the 
petition and answer, if any. Either party may, before 



Boaiids of Health. 171 

the service of the petition or answer respectively, offer 
to take or pay a certain sum, and no costs shall be 
awarded against either party unless the judgment is 
more unfavorable to him than his offer. 

§73. Discharge of sewage into Wallkill creek 
prohibited. — No person or corporation shall permit the 
discharge or escape of any sewage, or other matter dele- 
terious to public health, or destructive to fish, or throw 
or cast any dead animal, carrion or offal, or other putrid 
or offensive matter into the waters of the Wallkill creek, 
in the counties of Ulster and Orange. Any person vio- 
lating any provision of this section shall forfeit to the 
county where the violation occurred the sum of fifty 
dollars for every such violation. 

§ 74. Discharge of sewage into the Susque- 
hanna near Binghamton, prohibited. — No person 
or corporation shall cause to fall, flow or discharge into 
the Susquehanna river or any of its tributaries, between 
the Rock Bottom dam in such river at the city of Bing- 
hamton, and a point one mile east of the bridge that 
crosses such river at Conklin, anv sewage matter, or 
other foul, noxious or deleterious, solid or liquid matter, 
or any matter that may be declared such by the board 
of health of any municipality adjacent to such river 
within such limit. The board of health of any such 
municipality shall examine into any alleged offense 
against this section and cause the same to be abated, if 
found to exist. Every person violating any provision 
of this section shall forfeit to the municipality having a 
local board of health where the violation occurs the 
sum of twenty-five dollars for the first day when the 
violation takes place, and the sum of ten dollars for 
every subsequent day that such violation is repeated or 
continued. 



172 A Manual for 

AETICLE VI. 

QUARANTINE AT THE PORT OF NEW YORK. 
SECTION 80. Quarantine commissioners; organization. 

81. Other officers and employes. 

82. Meetings; report. 

83. Custody of quarantine establishment. 

84. Quarantine establishment. 

85. Docks and wharves. 

86. Anchorage and floating hospital. 

87. Boarding station. 

88. The West Bank hospital. 

89. Crematory. 

90. Burying ground. 

§80. Quarantine commissioners ; organization. 

— There shall continue to be a board of commissioners 
of quarantine at the port of New York consisting of 
three members appointed by the governor by and with 
the advice and consent of the senate. Each shall be a 
resident of the county of New York, Kings or Rich- 
mond, and shall hold office for three years and receive 
an annual salary of twenty-five hundred dollars. The 
board shall elect one of their 'number president, who 
shall hold office during the pleasure of the board, but 
not after he shall cease to be commissioner. The presi- 
dent shall appoint a secretary of the board who shall 
hold office during the pleasure of the president and re- 
ceive an annual salary of eighteen hundred dollars to be 
paid by the health officer. 

§ 81. Other officers and employes. — The board 
shall appoint the following officers who shall receive 
the following annual salaries to be paid by the health 
officer. 

A superintendent of the Swinburne hospital, twenty- 
five hundred dollars. 



Boards of Health. 173 

A superintendent of Hoffman island, fifteen hundred 
dollars. 

An engineer at Swinburne island, eleven hundred and 
fifty dollars. 

An engineer at Hoffman island, ten hundred and fifty 
dollars. 

A carpenter at Swinburne island, nine hundred dollars, 

A boatman at Swinburne island, seven hundred and 
fifty dollars. 

A boatman at Hoffman island, seven hundred and 
fifty dollars. 

A laundress at Swinburne island, three hundred 
dollars. 

§ 82. Meetings ; report. — The commissioners shall 
hold daily meetings, Sundays and holidays excepted, 
from May first until November first in each year, and 
as often in the other months as they may deem neces- 
sary. They shall annually report to the legislature at 
its opening a report of their proceedings and the condi- 
tion of the quarantine establishment. 

§83. Custody of quarantine establishment. — 
The commissioners of quarantine shall be the custodians 
of the quarantine establishment to be held by them in 
trust for the people of the state, in accordance with the 
provisions of this chapter. They may make such rules 
and regulations not inconsistent with law as they shall 
deem necessary for the care and protection of each por- 
tion of the quarantine establishment; for the govern- 
ment of the employes therein; for the regulation of the 
conduct of all quarantinable persons, and for the pre- 
vention of communication or intercourse with any quar- 
antinable vessel. Well persons shall not be detained 
unnecessarily, and, in cases of exigency, all means con- 
ducive to the protection of the public health, not in- 



174 A Manual for 

consistent with law, shall be adopted. The salaries and 
wages of the employes in the quarantine establishment, 
not specifically provided for in this chapter, shall be 
fixed and paid by the health officer. 

§ 84. Quarantine establishment. — Quarantine for 
the protection of public health shall be maintained in 
and for the ports of Xew York, for all vessels arriving 
thereat from other ports, and for the crews, passengers, 
equipage, cargoes and other property on board the same. 
The quarantine establishment at such port shall consist 
of: 

1. Docks and wharves. 

2. Anchorage for vessels. 

3. Stationary hospital. 

4. Floating hospital. 

5. Boarding station. 

6. Crematory. 

7. Eesidence for officers and men. 

8. Such other places and structures as have been or 
may be authorized by law for quarantine purposes. 

§ 85. Docks and wharves. — The existing docks 
and wharves with their appurtenances shall be main- 
tained, and if any such additional structures are required, 
they shall be constructed at such expense and in such 
place in the lower bay of New York, not on Staten 
Island, Long Island or Coney Island, except when in 
the presence of immediate danger as hereinafter pro- 
vided, as the quarantine commissioners may determine, 
with the approval of the commissioners of the land office. 
If warehouses are constructed they shall be constructed 
of such capacity as may be decided upon by the com- 
missioners of quarantine and the health officer, and shall 
have the best ventilation consistent with security for 
merchandise, and shall have connected with them apart- 



Boards of Health. 175 

ments with suitable appliances for special disinfection 
by forced ventilation, refrigeration, high steam, dry heat 
and chemical disinfection. The wharves shall be con- 
structed and maintained with due regard, to safety and 
protection of vessels. 

§ 86. Anchorage and floating hospital. — The 
anchorage for vessels under quarantine shall be in the 
lower bay, not less than two miles from the nearest 
shore, and within an area to be designated by buoys by 
the health officer. The quarantine ship shall be anchored 
in the lower bay whenever in the judgment of the health 
officer it is necessary for the protection of the public 
health. At other times it may be moored in such place 
as he may direct. 

§ 87. Boarding station. — The boarding station for 
vessels from any place where disease subject to quaran- 
tine existed at the time of their departure, or which 
shall have stopped at any such place during their voyage, 
or on board of which during the voyage any case of such 
disease shall have occurred, arriving between the first 
day of April and the first day of November, shall be at 
such place as the health offieer and quarantine commis- 
sioners may designate. And all such vessels immediately 
on their arrival shall anchor near such boarding station 
and there remain with all persons arriving thereon until 
discharged by the health officer. 

§ 88. The Swinburne island hospital. — The 
Swinburne island hospital in the lower bay of New York, 
with its docks, wharves and appurtenances shall be used 
as a hospital for the reception of persons sick with con- 
tagious diseases, arriving in quarantinable vessels, and 
shall be provided with all necessary furniture, fixtures 
and other facilities for the care of the sick, and for the 
prompt and efficient discharge of the duties of the health 



176 A Manual for 

officer. Such hospital when so required shall be devoted 
exclusively to the reception and care of persons sick with 
yellow fever or cholera, and when so used, persons sick 
with other diseases shall be disposed of and provided for 
in the manner required by law. When not required for 
the reception of yellow fever or cholera patients, it may 
be devoted to the reception of persons sick with other 
contagious diseases, subject to such regulations as the 
health officer may prescribe. The expense of the care 
and the support of every person received into such 
hospital shall be fixed and determined as other quarantine 
charges and expenses are by law fixed and determined, 
aud shall be paid to the commissioners of quarantine by 
the master, owner or consignee of the vessel in which 
such person shall have arrived, and the payment thereof 
may be enforced by the same remedies as the payment 
of other quarantine charges. The structure on Hoffman 
island now used for that purpose shall continue to be 
used for the reception and temporary detention of per- 
sons under quarantine who have been exposed to con- 
tagious or infectious diseases and who may be sent there 
by the health officer pursuant to law. „ 

§89. Crematory. — The board of commissioners of 
quarantine shall maintain upon Swinburne island, in the 
harbor of New York, a crematory of such form and 
construction as they may deem advisable. The health 
officer shall cause to be incinerated therein the bodies 
of persons dying at the quarantine hospital from con- 
tagious or infectious diseases, except of persons whose 
religious views as communicated by them while living, 
or by their friends within twenty-four hours after their 
decease, are opposed to cremation. 

§ 90. Burying ground. — The commissioners of quar- 
antine may make use of such parts of Swinburne and 



Boards of Health. 177 

Hoffman islands in the harbor of New York, as they 
may find necessary for the interment of the bodies of 
persons dying at the quarantine hospital from contagious 
or infectious diseases, which are not authorized to be 
cremated or which may not be designated for cremation. 

AETIOLE VII. 

THE HEALTH OFFICER OF THE PORT OF KEW YORK. 

Section 100. Appointment. 

101. Residence and general powers. 

102. Appointment of assistants, nurses, boatmen and 

others employed. 

103. Examinations ; warrants for offenders. 

104. Boarding vessels. 

105. Bills of health at ports of entry. 

106. Effects of deceased persons. 

107. Boards of health of New York and Brooklyn. 

108. Power over master, owner or consignee of vessel. 

109. Qnarantinable diseases. 

110. Quarantinable vessels and period of quarantine. 

111. When vessels may return to sea without quarantine. 

112. Detention for examination. 

113. Sanitary measures ; admission to pratique. 

114. Disposition of well and sick persons. 

115. The yellow flag. 

116. Quarantinable merchandise. 

117. Letters and papers. 

118. Vaccination. 

119. Kegulations for floating hospitals. 

120. Duty of pilots. 

121. Powers of the board of health, commissioners of 

health, health officers and mayors of the cities of 
New York and Brooklyn. 

122. Payment of expenses of quarantine. 

123. Lien for services and expenses. 

124. When master of vessel must provide for passenger. 

125. Appeals. 

126. Policemen. 



178 A Manual for 

Section 127. Confinement of offenders. 

128. Jurisdiction over offenses and in actions. 

129. Special port warden. 

130. Fees and compensation of health officers. 

131. Annual report. 

§ 100. Appointment. — There shall continue to be a 
health officer for the port of New York appointed by 
the governor, by and with the advice and consent of the 
senate, whose term of office shall be four years, and who- 
shall be a doctor of medicine of good standing of at least 
ten years' experience in the practice of his profession 
and practically familiar with quarantinable diseases. 

§101. Residence and general powers. — The 
health officer for the port of K"ew York shall reside at 
such convenient place for the boarding of vessels, as the 
quarantine commissioners may determine. He shall 
have the general supervision and control of the quaran- 
tine establishment, and the care and treatment of the 
sick thereat, and shall carry into effect the provisions of 
this article. He shall, in the presence of immediate 
danger, of which he shall be the judge, take the respon- 
sibility of applying such additional measures as may be 
deemed indispensable for the protection of the public, 
health. 

§ 102. Appointment of assistants, nurses, boat- 
men and others employed. — The health officer may 
appoint and dismiss at pleasure two deputy health offi- 
cers and a resident physician of the Swinburne island 
hospital, who may perform, subject to his direction, any 
duty required of the health officer, and for whose con- 
duct he shall be responsible. He may appoint and dis- 
miss at pleasure as many nurses, boatmen and employes 
of the floating hospital and boarding station as may be 
necessary for the proper treatment and care of the 



Boards of Health. 179 

inmates thereof, and in conjunction with the quarantine 
commissioners, license such lightermen, stevedores, 
laborers and other employes necessary for the care and 
purification of vessels, merchandise, baggage, dunnage, 
and other property in quarantine. The compensation 
of all persons employed under this section, unless 
established by law, shall be fixed by the health officer. 

§ 103. Examinations, warrants for offenders.— 
The health officer may administer oaths in all examina- 
tions to be conducted by him, or under his direction, 
prescribed by this article, and relative to any alleged 
violation of quarantine law or regulations. He may 
issue a warrant to any constable or other citizen for the 
pursuit and arrest of any person violating any quarantine 
law or regulation, or obstructing the health officer in the 
performance of his duty, and for the delivery of any per- 
son arrested to the health officer, to be detained in quar- 
antine until discharged by him, not exceeding ten days. 
Every constable or other citizen to whom any such war- 
rant shall be delivered shall obey the direction thereof. 

§ 104. Boarding vessels. — The health officer shall 
board every quarantinable vessel as soon after her arrival 
as practicable, between sunrise and sunset ; shall ascer- 
tain by the inspection of the bill of health, manifest, log 
book or otherwise, as to the health of all persons on 
board, and the condition of the vessel ; shall examine 
the vessel and cargo; shall examine any person on 
board or elsewhere as he may deem expedient to enable 
him to determine the period of quarantine and the regu- 
lations to which the vessel and cargo shall be made sub- 
ject, and shall report the facts and his conclusions, and 
especially the number of sick persons and their diseases, 
to the quarantine commissioners. It shall be the duty 
of the health officers at the several ports of entry within 



180 A Manual for 

the state of New York to require the masters of all mer- 
chant ships and vessels arriving at said ports from any 
foreign port, to present a bill of health, duly executed 
by the consul, vice-consul, or other consular officer of 
the United States, or by the medical officer attached to 
the United States consulate by appointment of the 
United States government, or the representative of the 
United States government, resident at said port of de- 
parture, which shall set forth the sanitary condition and 
history of said vessel; also the sanitary condition of the 
cargo and of the crew and passengers ; also the sanitary 
condition of the food, water and ventilation of said ves- 
sel ; the number of cases at such port of yellow fever, 
cholera, small-pox, typhus fever, relapsing fever, scarla- 
tina, measles and diphtheria, the total number of deaths 
from each of these diseases from all causes the week pre- 
ceding the date of said bill of health, as far as can be as- 
certained by the said consul, vice-consul or oth^r consu- 
lar officer of the United States, or the medical officer 
attached to such consulate. Said bill of health shall 
contain, in addition to the above a statement of any cir- 
cumstances affecting the public health in relation to in- 
fectious or contagious diseases at the port of departure, 
or the community adjacent thereto. Vessels that touch 
at other ports on the passage shall bring a bill of health 
from each and every port, or shall have indorsed upon 
the original bill of health by the consul, vice-consul, 
consular officer or medical officer of the consulate, the 
facts and conditions of those ports as to the existence 
and prevalence of the infectious and contagious diseases 
mentioned in this section. All persons coming from or 
through any foreign port or place who, after the passage 
of this act, may arrive at the port of New York, shall be 
liable to an examination by the health officer or his 



Boards of Health. 181 

deputies, as regards their protection from small-pox. 
In any case any person so arriving shall refuse to sub- 
mit to such examination, or upon such examination 
shall be found not sufficiently protected ironi small-pox, 
or refuses to be protected by vaccination, such person, 
and in case such person be a minor, then also the person 
having him or her under charge, shall be detained in 
quarantine until he or she shall have passed the incuba- 
tive period from date of last possible exposure ; and the 
expense of such detention shall be chargeable by the com- 
missioners of quarantine upon the consignees or owners 
of the vessel having such person on board, and such ex- 
penses as may be incurred shall be a lien upon such ves- 
sel. The master of a vessel who shall refuse or neglect 
to comply with the provisions of this section shall be 
guilty of a misdemeanor, and be punished by a fine of 
not less than one hundred dollars nor more than five 
hundred dollars. 

§ 105. Bills of health. — The health officer shall re- 
quire the masters of all merchant ships and vessels ar- 
riving at such port from any foreign port to present a 
bill of health, duly executed by the consul, vice-consul 
or other consular officer of the United States, or by the 
medical officer attached to the United States consulate, 
by appointment of the United States government, or the 
representative of the United States government resi- 
dent at such port of departure, setting forth the sani- 
tary condition of the vessel, its cargo, crew, passengers, 
food, waters and ventilation, and the sanitary history of 
the vessel, the number of cases at such port of yellow 
fever, cholera, small-pox, typhus fever, relapsing fever, 
scarlatina, measles and diphtheria, the total number of 
deaths from each of these diseases, and from all causes 
the week preceding the date of the bill of health, as far 



182 A Manual foe 

as can be ascertained by the officer executing such, bill 
of health, and a statement of any circumstances affect- 
ing the public health in relation to infectious or conta- 
gious diseases at such port of departure or the commu- 
nity adjacent thereto. Vessels touching other ports on 
the passage shall also bring a bill of health from each 
port, or shall have indorsed on the original bill of health 
by one of such United States officers thereat, the facts 
and conditions of the ports touched, as to the existence 
or prevalence there of any such infectious or contagious 
disease. 

§ 106. Effects of deceased persons. — The health, 
officer shall secure the effects of deceased persons in 
quarantine from waste and embezzlement, make a true 
inventory therof, and if the rightful claimants thereto 
do not appear within three months deliver the same to 
the public administrator of the city of New York, unless 
they ought not to be removed or ought to be destroyed 
under the provisions of this article. 

§ 107. Boards of health of New York and 
Brooklyn. — The health officer shall keep the boards 
of health of New York and Brooklyn at all times in- 
formed of the number of vessels in quarantine, of the 
number of sick in the floating hospital and their dis- 
eases; and he shall receive any vessel or merchandise 
sent to him by the health authorities of New York or 
Brooklyn dangerous to the public health. 

§ 108. Power over master, owner or consignee 
of vessel. — If the master, owner or consignee of any 
quarantinable vessel shall neglect or refuse to do any 
act or thing lawfully directed to be done by the health 
officer, or to comply with any lawful order or direction 
of the health officer, or with any regulation relative to 
such vessel or any person or thing on board thereof, the 



Boards of Health. 1S3 

health officer may employ such assistance as may be 
necessary to enforce any such order, direction or regula- 
tion. The health officer in the lighterage, stevedorage 
and storage of qaarantinable vessels and merchandise 
may permit the captains and owners thereof to employ 
men upon their own account, subject to the same re- 
strictions for the protection of the public health as if 
licensed by the health officer and quarantine commis- 
sioners. 

§ 109. Quarantinable diseases. — The quarantin- 
able diseases are: yellow fever, cholera, typhus or ship 
fever, small pox, scarlet fever, diphtheria, measles and 
relapsing fever, and any other disease of a contagious, 
infectious or pestilential nature, which has been or may 
be determined to be quarantinable by the health officer. 
Persons with insufficient evidence of effective vaccina- 
tion and known to have been recently exposed to small 
pox, shall be vaccinated as soon as practicable and de- 
tained until the vaccination shall have taken effect 
under regulations prescribed by the health officer. 

§ 110. Quarantinable vessels and period of 
quarantine. — Every vessel arriving at the port of New 
York from any place where a quarantinable disease ex- 
isted at the time of departure, or which shall have 
arrived at any such place and proceeded therefrom to 
New York, or on board of which during the voyage any 
case of any such disease shall have occurred, shall re- 
main at quarantine until the health officer grant a per- 
mit for the discharge of such vessel or cargo or both. 
Every vessel arriving at the port of New York from any 
foreign port, and every vessel from a domestic port (in 
the ordinary passage from which they pass south of Cape 
Henlopen, arriving between the first day of May and the 
first day of November), shall, on their arrival at the 



184 A Manual for 

quarantine ground, be subject to visitation by the health 
officer, but shall not be detained beyond the time requi- 
site for due examination and observation, unless they 
have had on board, during the voyage, some case of 
quarantinable disease, in which case they shall be sub- 
ject to such regulations as the health officer may pre- 
scribe. No vessel shall be put in quarantine without a 
written decision of the health officer, of which the cap- 
tain or master shall be immediately informed. No 
quarantinable vessel shall depart from quarantine with- 
out the written permission of the health officer which 
shall be delivered by the master of the vessel to the 
board of health of the city of New York or the health 
commissioner of the city of Brooklyn, according to the 
destination of the vessel within twenty-four hours after 
the permit is received by him. 

§ 111. When vessels may return to sea without 
quarantine. — A vessel may, before breaking bulk, put 
to sea in preference to being quarantined, if the health 
officer is satisfied that its sick will be taken care of for 
the remainder of the voyage, and its bill of health shall 
be returned if it has not arrived at its port of destina- 
tion. The health officer shall state on such bill of 
health the length and circumstance of its detention and 
its condition on reputting to sea and shall take care of 
such of its sick as prefer to remain. 

§112. Detention for examination. — If a vessel 
which has not had, during the voyage, a case of quaran- 
tinable disease, is found in a condition which the health 
officer deems dangerous to the public health, the vessel 
and its cargo shall be detained until the case can be 
considered, but the decision of the health officer shall be 
rendered within twenty-four hours. Any vessel in an 
unhealthy state, whether it has sickness on board or not, 



Boards of Health. 185 

shall not be allowed pratique until it shall have been 
broken out, duly cleansed and ventilated. 

§ 113. Sanitary measures ; admission to pra- 
tique. — The health officer may require before admis- 
sion to pratique of any vessel, baths and other bodily 
care of the persons on board; washing and other disin- 
fecting means for clothing, the displacement or com- 
plete breaking out of cargo on board; subjection to high 
steam, incineration or submersion of a distance below 
the surface of the water of infected articles, the destruc- 
tion of tainted or spoiled food or beverages, the com- 
plete ejection of water; the thorough cleansing of the 
hold; the disinfection of the well; the complete purifi- 
cation of the vessel in all its parts by the use of steam, 
fumigation, force pumps, rubbing or scraping and if 
deemed necessary, the sending to quarantine anchorage 
until disinfection is perfected. Admission to pratique 
shall be preceded by as many visits to the vessel by the 
health officer as he may deem necessary. 

§114. Disposition of well and sick persons. — 
On the arrival of an infected vessel all well persons on 
board shall have their freedom as soon as possible con- 
sistently with the regulations prescribed by or pursuant 
to law. All sick persons shall be immediately trans- 
ferred to the hospital set apart for their reception, and 
the vessel unladen, purified and admitted to pratique as 
soon as possible. Persons sick with different diseases 
shall be kept separately. 

§ 115. The yellow flag". — The health officer shall 
cause all vessels, warehouses and merchandise in quaran-. 
tine to be designated by a yellow flag, and shall prohibit 
communication with or passage within range of the 
same, except under such restriction as he may designate 
compatible with the public safety. 



186 A Makual foe 

§ 116. Quarantinable merchandise. — For the pur- 
pose of the sanitary measures adopted at quarantine, 
there shall be three classes of merchandise: 

1. Merchandise to be submitted to an obligatory quar- 
antine and purification, comprising personal baggage 
and dunnage, rags, paper rags, hides, skins, feathers, 
hair and all other remains of animals, cotton, hemp and 
wool. 

2. Merchandise subject to an optional quarantine, 
comprising sugar, silks, linen and cattle. 

3. Merchandise exempt from quarantine, comprising 
all merchandise not enumerated in the other two classes. 

Merchandise of the first chiss shall be subjected to 
such disinfection as the health officer shall direct. 

Merchandise of the second class may be admitted to 
pratique immediately or disinfected according to cir- 
cumstances; at the option of the health officer, with due 
regard to the sanitary condition of the port. 

Merchandise of the third class shall be declared free 
and shall be admitted without unnecessary delay. 

Merchandise coming from different vessels and places 
and at different times in quarantine shall be kept sepa- 
rate. 

Clothes and dunnage contaminated with infection 
shall be disinfected or destroyed. 

No putrefied animal substance or substances liable to 
putrefy shall be admitted into the warehouses, but all 
such substances shall be rendered innoxious or destroyed. 
All merchandise shall be submitted to such measures of 
•purification as the health officer may deem necessary. 

§ 117. Letters and papers. — If there has been a 
quarantinable disease on board the vessel during the 
voyage, letters and papers thereon shall be subjected to 
the usual purification, but with such precautions as not 



Boards of Health. 187 

to affect their legibility. Articles of merchandise or 
other things not subject to purifying measures, in an 
envelope officially sealed, shall be immediately admitted 
to pratique without regard to the condition of the vessel. 
If the envelope is of a substance considered as optional 
its admission shall be equally optional. 

§118. Vaccination. — All persons coming from or 
through any foreign port or place, who may arrive at 
the port of New York shall be liable to an examination 
by the health officer or his deputies, as regards their pro- 
tection from small-pox. 

If any such person shall refuse to submit to such ex- 
amination or on such examination shall be found not 
sufficiently protected from small-pox, or shall refuse to 
be protected by vaccination, such person together with 
the person having him in charge if he be a minor, shall 
be detained in quarantine until he shall have passed the 
incubative period from the date of the last possible ex- 
posure ; and the expense of such detention shall be 
charged by the commissioners of quarantine to the con- 
signees or owners of the vessel having such person on 
board, and such expenses so incurred shall be a lien 
npon such vessel. 

§ 119. Diseases subject to quarantine regula- 
tions. — Typhus fever and small-pox patients shall be 
sent to and supported at such places as are now devoted 
to their care, or to such other places as may be desig- 
nated from time to time by the health officer and com- 
missioners of quarantine, and all other quarantinable 
diseases shall be removed to the emigration hospital for 
care and treatment. The diseases against which maritime 
sanitary regulations at the port of New York shall apply 
are yellow fever, cholera, typhus or ship fever, small- 
pox, scarlatina, diphtheria, measles, relapsing fever, and 



188 A Manual for 

any disease of a contagious, infectious or pestilential 
character which shall be considered by the health officer 
dangerous to the public health. 

§ 120. Duty of pilots.— Every pilot belonging to 
the port of New York shall use his utmost endeavors to 
hail every vessel he shall discover entering the port and 
shall interrogate in reference to all matters to enable the 
pilot to determine whether, according to the provisions 
of this article, the vessel is quarantinable. If, from the 
answers given, it shall appear that the vessel came from 
a port where any quarantinable disease existed at the 
time of its departure, or that any case of such disease 
shall have occurred on board during its passage, the 
pilot shall immediately direct the master of the vessel 
to anchor it at the quarantine anchorage in the lower 
bay. In other cases he shall direct the master to anchor 
at such points as shall be assigned by the quarantine 
commissioners for the anchorage of such vessels. 

§ 121. Powers of the boards of health, commis- 
sioner of health, and mayors of the cities of New 
York and Brooklyn. — The board of health or the 
mayor of the city of New York, or the commissioner of 
health or the mayor of the city of Brooklyn, whenever 
in his or their judgment the public health requires, 
may order any vessel at the wharves of the city or iu 
their vicinity to the quarantine grounds or some other 
place of safety, and may require all the persons, articles 
or things introduced into the city from such vessel to 
be seized, returned on board thereof or removed to the 
quarantine or other place of safety. If the master, 
owner or consignee of such vessel can not be found, or 
shall neglect or refuse to obey any such order of re- 
moval, such board of health, or mayor and commission- 
ers of health, may employ such assistance as may be 



Boards of Health. 189 

necessary to effect such removal at the expense of such 
master, owner or consignee. Such vessel or person 
shall not return to the city without the written permis- 
sion of the board of health, or mayor, or such commis- 
sioners of health making the order of removal. Any 
person employed to remove any such vessel, articles or 
things pursuant to this section, shall have a lien on 
such vessel, its tackle, apparel and furniture for his ser- 
vices and expenses in effecting such removal, which 
may be enforced in the manner prescribed in the lien 
law for the enforcement of a lien upon vessels. 

§122. Payment of expenses of quarantine. — 
The expenses incurred and services rendered by the 
health officer or any of his subordinates or employes in 
the discharge of any duty imposed by law in relation to 
vessels, merchandise, baggage, dunnage, persons, or 
burials of persons under quarantine shall be paid for to 
the health officer by the master of the vessels for which 
the expenses shall have been incurred, or the services 
rendered, or in which such merchandise, baggage, dun- 
nage and persons shall have arrived. Persons conveyed 
to and from the quarantine establishment in the quaran- 
tine steamboat shall pay the health officer for such trans- 
portation, unless conveyed for the master of a vessel, 
in which case the master shall pay for the same. 

§ 123. Lien for services and expenses. — All such 
expenses, services and charges shall be a lien on the 
vessels, merchandise or other property in relation to 
which they shall have been made, incurred or rendered, 
and if such master, owner, or consignee shall omit to 
pay the same within three days after the presentation 
of such account, the commissioners may proceed to en- 
force such lien in the manner provided in the lien law 
for the enforcement of liens upon vessels; or they may 



190 A Manual for 

have or maintain an action against snch master, owner 
or cousignee to recover the amount of such expenses, 
services and charges, and such master, owner or con- 
signee shall be deemed indebted to the commissioners 
in such amount and may recover from any passenger 
liable to pay the same the amount of any expenses in- 
curred on account of such passenger. The health offi- 
cer shall have the same remedies as the commissioners 
to enforce any lien or to recover for any expenses, ser- 
vices or charges which are bylaw made payable to him if 
they remain unpaid for three days after payment shall 
have been demanded by him. The vessel, cargo or 
other property upon which any lien exists by virtue of 
any provision of this article, shall be held in quarantine 
until the amount due for the expenses, services or 
charges constituting such lien is paid, unless such mas- 
ter, owner or consignee, shall execute to the quarantine 
commissioners a bond with sufficient sureties to be ap- 
proved by them, conditioned for the payment thereof 
within ten days thereafter. 

§ 124. When master of vessel must provide for 
passenger. — All passengers on board any vessel under 
quarantine shall be provided for by the master of the 
vessel on which they arrive. If the master neglects or 
refuses to provide for them, or if they have been sent 
on shore by the health office, they shall be maintained 
by the quarantine commissioners at the expense of the 
vessel, her owners or consignees, and the health officer 
shall not permit the vessel to leave quarantine until 
such expenses have been paid or secured. The commis- 
sioners may maintain an action against such owners or 
consignees to recover for such expenses, which shall be 
a lien upon the vessel, to be enforced as other liens 
thereon by the commissioners. 



Boards of Health. 191 

§ 125. Appeals. — Any person aggrieved by any de- 
cision or direction of the health officer may appeal 
therefrom to the quarantine commissioners, who shall 
constitute a board of appeal, who may affirm, reverse or 
modify the order or direction appealed from, and whose 
decision thereon shall be final. Such appeal must be 
made by serving on the health officer a written notice of 
appeal within twelve hours, Sundays excepted, or within 
such further time as shall be allowed by the commission- 
ers after the appellant receives notice of the decision or 
direction complained of. Within twelve hours after re- 
ceiving such notice, Sundays excepted, the health officer 
shall make a written return to the president of the board 
of appeal, of the facts on which such decision or direc- 
tion was founded. Upon receipt of such return or if 
no return is made within the time specified the presi- 
dent shall immediately call a meeting of the board of 
appeal, and such appeal shall be heard and decided 
within twenty-four hours thereafter, Sundays excepted. 
Until the decision of the appeal is made, the decision 
or direction appealed from shall be suspended, except 
so far as it may relate to the detention of a vessel, its 
cargo or passengers. 

§ 126. Policemen. — The health officer may appoint 
at least four policemen, whose services shall be paid for 
by him, and may dismiss them at pleasure and appoint 
others in their places. Such policemen shall perform pa- 
trol or police duty under the direction of the health offi- 
cer, in connection with the quarantine establishment, and 
upon the waters of the bay of New York. They shall 
have all the powers possessed by policemen in the cities 
of New York and Brooklyn, and any person arrested by 
any such policeman fur violating any law or regulation 
relating to quarantine in such port, may be taken by 



192 A Manual for 

him before any court of criminal jurisdiction or any 
magistrate or police justice in either of such cities, or 
in the county of Richmond, and thereupon such court, 
magistrate or police justice shall have jurisdiction to 
hear, try and punish the person arrested for the offense 
committed by him in the same manner and with the 
same effect, as if the offense had been committed within 
the territory over which such court, magistrate or police 
justice has jurisdiction to hear, try and punish for 
offenses committed within such territory. 

§ 127. Confinement of offenders. — The health 
officer upon the application of the master of any vessel 
under quarantine may confine in any suitable place on 
shore, any person on board of the vessel charged with 
the commission of any offense punishable by the laws 
of this state or of the United States, and who cannot be 
secured on board of such vessel. Such confinement 
may continue during the quarantine of such person, or 
until he shall be proceeded against in due course of 
law. The expenses of such confinement shall be 
charged and collected in the same manner as the ex- 
penses of providing for passengers, which the master of 
the vessel is required to pay. 

§ 128. Jurisdiction over offenses and in actions. 
— Exclusive jurisdiction of the offenses specified in this 
act is hereby given to the courts of general and special 
sessions of the city and county of New York and the 
counties of Kings and Richmond, and to the police 
justice's court of the village of Edgewater, in the county 
of Richmond, but the punishment in the last-named 
court for offenses shall not exceed ten days' imprison- 
ment, or a fine of one hundred dollars, or by both such 
fine and imprisonment, and it shall be the duty of the 
district attorney of the city and county of New York, 



Boards of Health. 193 

and the county of Kings and the county of Richmond,, 
respectively, to prosecute all persons guilty of such 
offenses in preference to any indictment then in their 
courts, and for such courts to hear and try the offenses 
against the provisions of this chapter in preference to all 
other cases pending before it ; and whenever any person 
shall be convicted on a trial for such offense, the court 
shall forthwith proceed to pronounce judgment upon 
him according to the terms prescribed in this chapter. 
For the purpose of determining all questions of juris- 
diction in any civil or criminal action growing out of 
-any act or thing done upon or connected with the West 
Bank hospital, such hospital shall be deemed to be 
within the city and county of New York. If any action 
has been or shall hereafter be commenced or any crimi- 
nal prosecution instituted against the health officer, or 
any of his deputies or employes, or against the quaran- 
tine commissioners, or any of them, or against any per- 
son engaged in performing any duty or rendering any 
service in any matter or thing connected with the quar- 
antine establishment, or any part thereof, before any 
court or officer within the county of Richmond, or when 
such county shall be the place of trial named in the com- 
plaint in any such action, the defendant therein may 
apply to any justice of the supreme court for an order 
directing that such action shall be tried either in the 
city and county of New York or in the county of Kings, 
and such justice shall thereupon make an order remov- 
ing such action from the county of Richmond to the 
city and county of New York or the county of Kings. 
If the action is pending in the supreme court, the order 
shall designate m which of the other counties herein 
named the trial shall be had ; if the action is pending 
in the county court, such order shall remove the action 



194 A Manual for 

into the supreme court, and designate one of such othej 
counties as the county wherein it shall be tried. If tha 
action shall have been commenced before a justice ol 
the peace, the order shall designate the justice of the 
peace or court before whom the action shall be tried in 
the county to which it is removed as herein required ; 
and if it is a criminal action, the order shall direct to 
which officer or court the complaint or indictment shall 
be sent for trial, and shall provide for giving bail in such 
form and amount as such justice shall deem proper. 
The court or officer to which any action shall be trans- 
ferred, pursuant to this section, shall proceed to the 
trial thereof in the same manner and with the same 
effect as if the action had been commenced before such 
court or officer and the cause of action had arisen in 
the county to which the action shall have been removed. 
An action may be brought by and in the name of the 
quarantine commissioners to recover any penalty, for- 
feiture, sum of money or other cause of action incurred 
or required to be paid or authorized to be brought pur- 
suant to any provision of this article or the preceding 
article. 

§ 129. Special port warden. — There shall continue 
to be a special port warden in and for the port of New 
York, appointed by the governor, by and with the ad- 
vice and consent of the senate, whose term of office shall 
be two years. He shall act as warden in regard to ves- 
sels under or subject to quarantine, but not in regard to 
vessels while stopping at quarantine for the purpose of 
visitation only by the health officer, but not detained. 
He shall have all the powers of a port warden of the 
port of New York with reference to vessels or merchan- 
dise under or subject to quarantine, but he shall be sub- 
ject to such regulations as the health officer may impose, 



Boards of H»ealth. 195 

for the protection of the public health. He shall receive 
for each survey or examination made by him the sum 
of five dollars, and shall make returns to the warden's 
office in the city of New York of each survey made by 
him, within twenty-four hours after it shall be made, 
lie may appoint a deputy, who, during his absence or 
iri ability to serve, may perform all his duties and exer- 
cise all his powers. No other port warden shall be 
appointed under quarantine. 

§ 130. Fees and compensation of health officers, 
— The health officer shall receive fees for his services at 
not exceeding the following rates, namely : For inspec- 
tion of any vessel from a foreign port, five dollars. For 
inspection of every vessel from a domestic port, south of 
Cape Henlopen, between May first and November first 
in each year, steamers three dollars ; other vessels, one 
dollar. For medical inspection of every one hundred 
or fraction of one hundred steerage passengers upon 
transatlantic steamers, two dollars. For each special 
permit issued for the discharge of cargo, portion of 
cargo or baggage brought as freight, twenty-five cents. 
For sanitary inspection of every vessel after the dis- 
charge of cargo or ballast, ten dollars. For fumigation 
and disinfection of every vessel from an infected port, or 
of such vessel as in the judgment of the health officer 
shall require fumigation and disinfection by reason of 
exposure to infection or contagion, fifty dollars, or such 
sum not more than fifty dollars or less than five dollars, 
as may in the judgment of the health officer be deemed 
reasonable, during a single quarantine. For boarding 
every vessel and giving a permit between sunset and 
sunrise, at the request of the owner, consignee or master 
of the vessel, when such pratique can be given without 
danger to the public health, five dollars. The health 



196 A Manual for 

officer shall board such vessels and give a permit be- 
tween sunset and sunrise, at the request of the owner, 
consignee or master of the vessel, when such pratique 
can be given without danger to the public health. For 
vaccination of persons on vessels, on board of which 
small-pox has developed during the voyage, each 
twenty-five cents. But no charge shall be made for 
the vaccination of any person who shall have been suc- 
cessfully vaccinated by the medical officer of the ship. 
He shall report annually to the board of quarantine 
commissioners all fees received by him. He shall pay 
all the salaries and wages of the deputy health officers 
and such bargemen, nurses and stewards as may be 
necessary for the performance of the duties imposed 
upon him by law for the carrying on of the quarantine 
establishment, except the salaries of the commissioners 
of quarantine, and shall pay the current expenses of 
running a steamboat for the transportation of persons 
to and from the establishment, for visitation and for 
burying the dead, and the salaries of the officers and 
employes appointed by the quarantine commissioners or 
by the president of the board. The health officer shall 
be entitled to receive a total compensation of twelve 
thousand five hundred dollars per annum, and in case 
the aggregate amount of such fees remaining in the 
hands of the health officer at the end of each year, 
during which he shall continue in office, after payment 
by him of the salaries, wages and expenses which he is 
required by law to pay, shall be less than the sum of 
twelve thousand five hundred dollars, the quarantine 
commissioners shall ascertain by proper proofs, to be 
approved by the attorney-general and filed with the 
comptroller, the amount of such deficiency, and shall 
pay the same to such health officer out of any unex- 



Boards op Health. 197 

pended moneys in their hands. In case the aggregate 
amount of fees exceeds the sum of twelve thousand five 
hundred dollars per annum, and the expenses to be paid 
out of the same specified in this section, the surplus 
shall be used for the purchase of necessary books and 
microscopes and other necessary appliances, as the 
health officer may require, or for the preservation and 
repair of the structures belonging to the quarantine 
establishment. The commissioners shall keep an ac- 
count of all moneys received or disbursed by them under 
this section. This section shall not affect the liability 
of masters or owners of vessels, passengers or other per- 
sons to pay for such services, labor or work as they are 
respectively required to pay or discharge by law. 
Am'd by ch. 465 of 1896. Took effect May 9, 1896. 

§ 131. Annual report. — The health officer shall 
make a report to the quarantine commissioners annually 
on or before January first, containing a statement of 
the general condition of the quarantine establishment, 
the statistics of the establishment in detail, and such 
other information and suggestions in regard to it as he 
may deem advisable. 

ARTICLE VIII. 

PRACTICE OF MEDICINE. 

Section 140. Qualifications. 

141. State boards of medical examiners. 

142. Name ; certificate of appointment ; oath ; powers. 

143. Expenses. 

144. Meetings ; officers ; quorum. 

145. Admission to examination. 

146. Questions. 

147. Examinations and reports. 

148. Licenses. 

149. Registry. 



198 A Manual for 

Section 150. Registry in another county. 

151. Certificate presumptive evidence ; unauthorized 

registration and license prohibited. 

152. Construction of this article. 

153. Penalties and their collection. 

Definitions. — As used in this article. 

University means university of the state of New York. 

Eegents means board of regents of the university of 
the state of New York. 

Board means a board of medical examiners of the 
state of New York. 

Medical examiner means a member of aboard of medi- 
cal examiners of the state of New York. 

Medical school means any medical school, college, or 
department of a university, registered by the regents as 
maintaining a proper medical standard and as legally 
incorporated. 

Medicine means medicine and surgery. 

Physician means physician and surgeon. 

§ 140. Qualifications. — No person shall practice 
medicine after September first, eighteen hundred and 
ninety-one, unless previously registered and legally au- 
thorized, or unless licensed by the regents and registered 
as required by this article; nor shall any person practice 
medicine who has ever been convicted of a felony by any 
court, or whose authority to practice is suspended or re- 
voked by the regents on recommendation of a state board. 

§141. State boards of medical examiners. — 
There shall continue to be three separate state boards 
of medical examiners of seven members each, each of 
whom shall hold office for three years from August first 
of the year in which appointed. One board shall repre- 
sent the medical society of the state of New York, one 
the homeopathic medical society of the state of New 



Boards of Health. 199 

York and one the eclectic medical society of the state 
of New York. Each of these three societies shall at 
each annual meeting nominate twice the number of ex- 
aminers to be appointed in that year on the board repre- 
senting it. The names of such nominees, shall be annu- 
ally transmitted under seal by the president and secretary 
prior to May first to the regents, who shall, prior to Au- 
gust first appoint from such lists the examiners required 
to fill any vacancies that will occur from expiration of 
term on August first. Any other vacancy, however, 
occurring, shall likewise be filled by the regents for the 
unexpired term. Each nominee before appointment, 
shall furnish to the regents proof that he has received 
the degree of doctor of medicine from some registered 
medical school and that he has legally practised medi- 
cine in this state for at least five years. If no nominees 
are legally before them from a society the regents may 
appoint from members in good standing of such society 
without restriction. The regents may remove any ex- 
aminer for misconduct, incapacity or neglect of duty. 

§ 142. Certificate of appointment ; oath ; pow- 
ers. — Every medical examiner shall receive a certifi- 
cate of appointment from the regents and before begin- 
ning his term of office shall file with the secretary of 
state the constitutional oath of office. Each board, or 
any committee thereof, may take testimony and proofs 
concerning all matters within its jurisdiction. Each 
board may, subject to the regents'' approval, make all 
by-laws and rules not inconsistent with law needed in 
performing its duties; but no by-law or rule by which 
more than a majority vote is required for any specified 
action by the board shall be amended, suspended or re- 
pealed by a smaller vote than that required for action 
thereunder. 



200 A Manual for 

§ 143. Expenses. — From the fees provided by this 
article, the regents may pay all proper expenses incurred 
by its provisions except compensation to medical exam- 
iners; and any surplus at the end of any academic year 
shall be apportioned among the three boards pro rata 
according to the number of candidates whose answer 
papers have been marked by each. 

§ 144. Officers ; meetings ; quorum ; commit- 
tees. — Each board shall annually elect from its mem- 
bers a president and a secretary for the academic year, 
and shall hold one or more meetings each year pursuant 
to call of the regents, who may also call joint meetings 
of the three boards or of their officers. At any meeting 
a majority shall constitute a quorum; but questions 
prepared by the boards may be grouped and edited, or 
answer papers of candidates may be examined and marked 
by committees duly authorized by the boards and by the 
regents. 

§ 145. Admission to examination. — The regents 
shall admit to examination any candidate who pays a 
fee of twenty-five dollars and submits satisfactory evi- 
dence, verified by oath, if required, that he 

1. Is more than twenty-one years of age ; 

2. Is of good moral character ; 

3. Has the general education required preliminary to 
receiving the degree of bachelor or doctor of medicine 
in this state ; 

4. Has studied medicine not less than four full school 
years of at least nine months each, including four satis- 
factory courses of at least six months each, in four dif- 
ferent calendar years in a medical school registered as 



Boards of Health. 200a 

maintaining at the time, a satisfactory standard. New- 
York medical schools and New York medical students 
shall not be discriminated against by the registration 
of any medical school out of the state, whose minimum 
graduation standard is less than that fixed by statute 
for New York medical schools. The regents may, in 
their discretion, accept as the equivalent for any part of 
the third and fourth requirement, evidence of five or 
more years' reputable practice, provided that such sub- 
stitution be specified in the license. 

5. Has either received the degree of bachelor or doc- 
tor of medicine from some registered medical school, or 
a diploma or license conferring full right to practice 
medicine in some foreign country. The degree of 
bachelor or doctor of medicine shall not be conferred in 
this state before the candidate has filed with the insti- 
tution conferring it the certificate of the regents that 
before beginning the first annual medical course counted 
toward the degree unless matriculated conditionally as 
hereinafter specified (three years before the date of the 
degree), he had either graduated from a registered col- 
lege or satisfactorily completed a full course in a regis- 
tered academy or high school; or had a preliminary 
education considered and accepted by the regents as 
fully equivalent ; or held a regents' medical student cer- 
tificate, granted before this act took effect ; or had 
passed regents' examinations as hereinafter provided. 
A medical school may matriculate conditionally a stu- 
dent deficient in not more than one year's academic 
work or twelve counts of the preliminary education re- 
quirement, provided the name and deficiency of each 
student so matriculated be filed at the regents' office 



2006 A Manual for 

within three months after matriculation, and that the 
deficiency be made up before the student begins the 
second annual medical course counted toward the de- 
gree. Students who had matriculated in a New York 
medical school before June fifth, eighteen hundred and 
ninety, and students who had matriculated in a New 
York medical school before May thirteen, eighteen hun- 
dred and ninety-five, as having entered before June 
fifth, eighteen hundred and ninety on the prescribed 
three years study of medicine, shall be exempt from 
this preliminary education requirement. 

A medical student certificate may be earned without 
notice to the regents of the conditional matriculation 
either before the student begins the second annual 
medical course counted toward the degree or two years 
before the date of the degree for matriculants in any 
registered medical school, in the four cases following : 

1. For matriculants prior to May ninth, eighteen hun- 
dred and ninety-three, for any twenty counts, allowing 
ten for the preliminaries, not including reading and 
writing ; 

2. For matriculants prior to May thirteen, eighteen 
hundred and ninety-five, for arithmetic, elementary 
English, geography, spelling, United States history, 
English composition and physics, or any fifty counts, 
allowing fourteen for the preliminaries ; 

3. For matriculants prior to January first, eighteen 
hundred and ninety-six, for any twelve academic counts ; 

4. For matriculants prior to January first, eighteen 
hundred and ninety-seven, for any twenty-four aca- 
demic counts ; 



Boards of Health. 201 

But all matriculants, after January first, eighteen 
hundred and ninety-seven, must secure forty-eight 
academic counts, or their full equivalent, before begin- 
ning the first annual medical course counted toward the 
degree, unless admitted conditionally, as hereinbefore 
specified when the deficiency must be made up before 
the student begins the second annual medical course 
counted toward the degree. 

§ 2. This act shall take effect immediately, except 
that the increase in the required course of medical study 
from three to four years shall take effect January first, 
eighteen hundred and ninety-eight, and shall not ap- 
ply to students who matriculated before that date and 
who received the degree of doctor of medicine before 
January first, nineteen hundred and two, 

Am'd by eh. Ill of 1896. 

§ 146. Questions. — Each board shall submit to the 
regents, as required, lists of suitable questions for thor- 
ough examination in anatomy, physiology, and hygiene, 
chemistry, surgery, obstetrics, pathology and diagnosis, 
and therapeutics including practice and materia medica. 
From these lists the regents shall prepare question 
papers for all these subjects, which at any examination 
shall be the same for all candidates, except that in 
therapeutics, practice and materia medica all the ques- 
tions submitted to any candidate shall be chosen from 
those prepared by the board selected by that candi- 
date, and shall be in harmony with the tenets of that 



202 A Manual for 

school as determined by its state board of medical ex- 
aminers. 

§ 147. Examinations and reports. — Examina- 
tions for license shall be given in at least four convenient 
places in this state and at least four times annually, in 
accordance with the regents' rules, and shall be exclu- 
sively in writing and in English. Each examination 
shall be conducted by a regents' examiner who shall not 
be one of the medical examiners. At the close of each 
examination the regents' examiner in charge shall de- 
liver the questions and answer papers to the board se< 
lected by each candidate, or to its duly authorized -com- 
mittee, and such board, without unnecessary delay, shal! 
examine and mark the answers and transmit to the 
regents an official report, signed by its president anc ! 
secretary, stating the standing of each candidate in each 
branch, his general average and whether the boani 
recommends that a license be granted. Such report 
shall include the questions and answers and shall bt 
filed in the public records of the university. If a can- 
didate fails on first examination, he may after not lcs^ 
than six months' further study,. have a second examina- 
tion without fee. If the failure is from illness or othei 
cause satisfactory to the regents they may waive the re- 
quired six months' study. 

§ 148. Licenses. — On receiving from a state board 
an official report that an applicant has successfully 
passed the examinations and is recommended for license, 
the regents shall issue to him, if in their judgment he 
is duly qualified therefor, a license to practice medicine. 
Every license shall be issued by the university under 
seal and shall be signed by each acting medical examiner 
of the board selected and by the officer of the university 
who approved the credential which admitted the candi- 



Boaeds of Health. 203 

date to examination, and shall state that the licensee 
has given satisfactory evidence of fitness as to age, char- 
acter, preliminary and medical education and all other 
matters required by law, and that after full examina- 
tion he has been found properly qualified to practice. 
Applicants examined and licensed by other state exam- 
ining boards registered by the regents as maintaining 
standards not lower than those provided by this article 
and applicants who matriculated in a New York state 
medical school before June 5, 1890, and who received 
the degree M. D., from a registered medical school be- 
fore August 1, 1895, may without further examination, 
on payment of ten dollars to the regents and on submit- 
ting such evidence as they may require, receive from 
them an indorsement of their licenses or diplomas con- 
ferring all rights and privileges of a regents' license 
issued after examination. 

If any person, whose registration is not legal because 
of some error, misunderstanding or unintentional omis- 
sion, shall submit satisfactory proof that he had all 
requirements prescribed by law at the time of his im- 
perfect registration and was entitled to be legally regis- 
tered, he may on unanimous recommendation of a state 
board of medical examiners receive from the regents 
under seal a certificate of the facts which may be regis- 
tered by any county clerk and shall make valid the pre- 
vious imperfect registration. 

Before any license is issued it shall be numbered and 
recorded in a book kept in the regents' office, and its 
number shall be noted in the license. This record shall 
be open to public inspection, and in all legal proceed- 
ings shall have the same weight as evidence that is given 
to a record of conveyance of land. 

§ 149. Registry. — Every license to practice medi- 



204 A Manual for 

cine shall, before the licensee begins practice there- 
under, be registered in a book kept in the clerk's office 
of the county where such practice is to be carried on, 
with name, residence, place and date of birth, and 
source, number and date of his license to practice. Be- 
fore registering, each licensee shall file, to be kept in a 
bound volume in the county clerk's office an affidavit of 
the above facts, and also that he is the person named in 
such license, and had, before receiving the same, com- 
plied with all requisites as to attendance, terms and 
amount of study and examinations required by law 
and the rules of the university as preliminary to the 
conferment thereof; that no money was paid for such 
license, except the regular fees paid by all applicants 
therefor; that no fraud, misrepresentations or mistake 
in any material regard was employed by any one or 
occurred in order that such license should be conferred. 
Every license, or if lost a copy thereof legally certified 
so as to be admissible as evidence, or a duly attested 
transcript of the record of its conferment shall, before 
registering, be exhibited to the county clerk, who, only 
in case it was issued or indorsed as a license under seal 
by the regents, shall indorse or stamp on it the date and 
his name preceded by the words: "Registered as author- 
ity to practice medicine in the clerk's office of .... 
county." The clerk shall thereupon give to every phy- 
sician so registered a transcript of the entries in the 
register with a certificate under seal that he has filed 
the prescribed affidavit. The licensee shall pay to the 
county clerk a total fee of one dollar for registration, 
affidavit and certificate. 

§ 150. Registry in another county. — A practicing 
physician having registered a lawful authority to prac- 
tice medicine in one county, and removing such prac>_ 



Boards of Health. 205 

tice or part thereof to another county, or regularly 
engaging in practice or opening an office in another 
county, shall show or send by registered mail to the 
clerk of such other county, his certificate of registra- 
tion. If such certificate clearly shows that the original 
registration was of an authority issued under seal by 
the regents, or if the certificate itself is indorsed by the 
regents as entitled to registration, the clerk shall there- 
upon register the applicant in the latter county, on re- 
ceipt of a fee of twenty-five cents, and shall stamp or 
indorse on such certificate, the date and his name pre- 
ceded by the words, " Registered also in county," 

and return the certificate to the applicant. 

§ 151. Certificate presumptive evidence ; unau- 
thorized registration and license prohibited. — 
Every unrevoked certificate and indorsement of regis- 
try, made as provided in this article, shall be presump- 
tive evidence in all courts and places, that the person 
named therein is legally registered. Hereafter no per- 
son shall register any authority to practice medicine 
unless it has been issued or indorsed as a license by the 
regents. No such registration shall be valid unless the 
authority registered constituted at the time of registra- 
tion, a license under the laws of the state then in force. 
No diploma or license conferred on a person not actually 
in attendance at the lectures, instruction and examina- 
tions of the school conferring the same, or not possessed 
at the time of its conferment, of the requirements then 
demanded of medical students in this state as a condi- 
tion of their being licensed so to practice, and no regis- 
tration not in accordance with this article shall be lawful 
authority to practice medicine, nor shall the degree of 
doctor of medicine be conferred causa honoris or ad 



206 A Manual for 

eundum nor if previously conferred shall it be a qualifi- 
cation for such practice. 

§ 152. Construction of this article. — This article 
shall not be construed to affect commissioned medical 
officers serving in the United States army, navy or ma- 
rine hospital service, while so commissioned; or any one 
while actually serving ou the resident medical staff of 
any legally incorporated hospital; or any legally regis- 
tered dentist exclusively engaged in practicing dentis- 
try; or any manufacturer of artificial eyes, limbs or 
orthopedic instruments or trusses in fitting such instru- 
ments on persons in need thereof; or any lawfully quali- 
fied physician in other states or countries meeting legally 
registered physicians in this state in consultation; or 
any physician residing on a border of a neighboring 
state and duly authorized under the laws thereof to 
practice medicine therein, whose practice extends into 
this state, and who does not open an office or appoint a 
place to meet patients or receive calls within this state; 
or any physician duly registered in one county called to 
attend isolated cases in another county, but not resid- 
ing or habitually practicing therein. This article shall 
be construed to repeal all acts or parts of acts authorizing 
conferment of any degree in medicine, causa honoris or 
ad eundum, or otherwise than on students duly gradu- 
ated after satisfactory completion of a preliminary and 
medical course not less than that required by this article, 
as a condition of license. 

§ 153. Penalties and their collection. — Any per- 
son who, not being then lawfully authorized to practice 
medicine within this state and so registered according 
to law, shall practice medicine within this state without 
lawful registration or in violation of any provision of 
this article ; and any person who shall buy, sell or 



Boards of Health. 207 

fraudulently obtain any medical diploma, license, record, 
or registration, or who shall aid or abet such buying, 
selling or fraudulently obtaining, or who shall practice 
medicine under cover of any medical diploma, license, 
record, or registration illegally obtained, or signed, or 
issued unlawfully or under fraudulent representations or 
mistake of fact in a material regard, or who, after con- 
viction of a felony, shall attempt to practice medicine, 
or shall so practice, and any person who shall append 
the letters M. D. to his or her name, or shall assume or 
advertise the title of doctor (or any title which shall 
show or tend to show that the person assuming or adver- 
tising the same is a practitioner of any of the branches 
of medicine), in such a manner as to convey the impres- 
sion that he or she is a legal practitioner of medicine, 
or of any of its branches, without having legally received 
the medical degree, or without having received a license 
which constituted at the time an authority to practice 
medicine under the laws of this state then in force, 
shall be guilty of a misdemeanor, and on conviction 
thereof shall be punished by a fine of not more than 
two hundred fifty dollars, or imprisonment for six 
months for the first offense, and on conviction of any 
subsequent offense, by a fine of not more than five hun- 
dred dollars or imprisonment for not less than one year, 
or by both fine and imprisonment. Any person who 
shall practice medicine under a false or assumed name, 
or who shall falsely personate another practitioner of a 
like or different name, shall be guilty of a felony. 
When any prosecution under this article is made on the 
complaint of any incorporated medical society of the 
state, or any county medical society of such county 
entitled to representation in a state society, the fines 
when collected shall be paid to the society making the 



208 A Manual for 

complaint, and any excess of the amount of fines so 
paid over the expense incurred by the said society in 
enforcing the medical laws of this state shall be paid at 
the end of the year to the county treasurer. 
Am'd by ch. 398 of 1895. In effect April 25, 1895. 



ARTICLE IX. 

PRACTICE OF DENTISTRY. 

Section 160. Licentiates. 

161. State board of dental examiners. 

162. Examinations, licenses, registration, fees, revoca- 

tion of licenses. 

163. Construction of this article. 

164. Penalties. 

Definitions as used in this article. — The terms 
university, regents and physician have respectively the 
meaning defined in article eight of this chapter. Board, 
where not otherwise limited, means the state board of 
dental examiners. Registered medical or dental school 
means a medical or dental school, college or depart- 
ment of a university, registered by the regents as 
maintaining a proper educational standard and legally 
incorporated. Examiner, where not otherwise qualified, 
means a member of the board. 

Am'd by ch. 297 of 1896. In effect April 17, 1896. 

§ 160. Licentiates. — Only the following persons 
shall be deemed licensed to practice dentistry : 

1. Those duly licensed and registered as dentists in 
this state prior to the first day of August, eighteen 
hundred and ninety-five, pursuant to the laws in force 
at the time of their license and registration. 

2. Those duly licensed and registered after the first 



Boards of Health. 209 

day of August, eighteen hundred and ninety-five, pur- 
suant to the provisions of this chapter. 
Am'd by ch. 626 of 1895. In effect Aug. 1, 1895. 

§ 161. State board of dental examiners. — On the 

first day of August, eighteen hundred and ninety-five, 
the state board of censors of the dental society of the 
state of New York, as the latter body shall be composed 
at the date of such appointment, shall become the state 
board of dental examiners. The existing division of 
said censors into four classes and their terms of office 
shall remain the same for the said board, except that 
said terms shall expire on the thirty-first day of July 
in each year. Before the day when the official terms 
of the members of any of said classes shall expire, the 
regents shall appoint their successors, to serve for the 
term of four years from said day. Such appointments 
shall be made from nominations in number twice the 
number of the outgoing class made by such society to 
the regents prior to the third Tuesday in May of each 
year. In default of such nominations, the regents shall 
appoint such examiners from the legally qualified den- 
tists in the state belonging to the state dental society. 
The regents, in the same manner, shall also fill vacan- 
cies in the board that may occur. All nominations and 
appointments shall be so made that every vacancy in 
the board shall be filled by a resident of the same 
judicial district in which the last incumbent of the office 
resided. The board shall convene at the call of the sec- 
retary of the regents within not less than two weeks 
after appointment and organize by electing to serve for 
one year, a president and secretary. These officers 
shall be elected annually. No person shall be appointed 
an examiner unless he has received a dental degree 



210 A Manual for 

from a body lawfully entitled to confer the same, and 
in good standing afc the time of its conferment, and has 
been engaged within the state during not less than five 
years prior to his appointment in the actual and lawful 
practice of dentistry. Nor shall any person connected 
with a dental college as professor or instructor be eligible 
to such appointment. Cause being shown before them 
the regents may remove an examiner from office upon 
proven charges of inefficiency, incompetency, immorality 
or professional misconduct. 

Am'd by ch. 297 of 1S96. In effect April 17, 1896. 

§ 162. Examinations. — The regents shall admit to 
examination any candidate who pays the fee herein 
prescribed and submits satisfactory evidence, verified by 
oath if required, that he : First, is more than twenty- 
one years of age ; second, is of good moral character ; 
third, has the general education required in all cases 
after August first, eighteen hundred and ninety-five, 
preliminary to receiving the degree of bachelor or doctor 
of medicine in this state ; and either has been graduated 
in course, with a dental degree from a registered dental 
school, or else, having been graduated in course from a 
registered medical school with the degree of doctor of 
medicine, has pursued thereafter a course of special 
study of dentistry for at least one year in a registered 
dental school, or holds a diploma or license conferring 
full right to practice dentistry in some foreign country 
and granted by some registered authority. Any mem- 
ber of the board may inquire of any applicant for ex- 
amination concerning his qualifications and may take 
testimony of any one in regard thereto, under oath, 
which he is hereby empowered to administer. No de- 
gree in dentistry shall be conferred in this state till the 



Boards of Health. 211 

candidate has satisfactorily completed a course of not 
less than three years in an institution registered by the 
regents of the university as maintaining proper dental 
standards, nor before the candidate has filed with the 
institution conferring it the certificate of the regents 
that three years before the date of the degree he has 
either been graduated from a registered college or satis- 
factorily completed a full course in a registered academy 
or high school ; or had a preliminary education con- 
sidered and accepted by the regents as fully equivalent ; 
or had passed regents' examinations representing, for 
degrees conferred in eighteen hundred and ninety-eight, 
one year of academic work, for degrees conferred in 
eighteen hundred and ninety-nine, two years of 
academic work, and for degrees conferred in nineteen 
hundred a full high school course. The regents may, 
in their discretion, accept as the equivalent for any 
part of the third or fourth requirement evidence of five 
or more years reputable practice, provided that such 
substitution be specified in the license. 



— A person having lawfully received a 
a dental degree in course from a registered dental school, 
or the degree of doctor of medicine from a registered 
medical school, and having thereafter lawfully practiced 
dentistry for the term of five years, may apply to the 
regents for the degree of master of dental surgery, 
which degree the regents may confer after examination 
of the applicant by the board under such rules and 
regulations as the regents and the board shall frame. 
I\o degree in dentistry shall be conferred in this state 
on any candidate who has not before matriculation in 
the institution conferring it, filed the certificate of the 
regents that he has had a satisfactory preliminary edu- 



212 A Manual for 

cation, which for those matriculating after January first,, 
eighteen hundred and ninety-seven, shall be not less 
than a full high school course. 

Licenses. — On certification by the board of dental 
examiners that a candidate has successfully passed the 
examination and is competent to practice dentistry, the 
regents shall issue to him their license so to practice 
pursuant to the rules established by them. Upon the 
recommendation of the board, the regents may also, 
without the examination hereinbefore provided for, 
issue their license to any applicant therefor who shall 
furnish proof satisfactory to them that he has been duly 
licensed to practice dentistry in any state or country 
after full compliance with the requirements of its dental 
laws, and has been thereafter lawfully and reputably 
engaged in such practice for five years next preceding 
his application; provided, that his preliminary and pro- 
fessional education shall have been not less than that 
required in this state. The regents may also license 
any applicant on the certificate of the board that after 
due investigation or examination it finds his education 
and professional attainments and experience of not less 
than five years in actual practice to be together fully 
equal to the requirements for license in this state. 
Every license so issued shall state upon its face the 
grounds upon which it is granted and the applicant 
may be required to furnish his proofs upon affidavit. 

Registration. — Every person practicing dentistry 
in this state and not lawfully registered before this 
act takes effect, shall register in the office of the clerk 
of the county where his place of business is located, 
in a book kept by the clerk for such purpose, his name, 
age, office and post office address, date and number of 



Boards of Health. 212a 

his license to practice dentistry and the date of such 
registration, which registration he shall be entitled to 
make only upon showing to the county clerk his license 
or a duly authenticated copy thereof, and making an 
affidavit stating name, age, birthplace, the number of 
his license and the date of its issue ; that he is the 
identical person named in the license ; that before re- 
ceiving the same he complied with all the preliminary 
requirements of this statute and the rules of the regents 
and board as to the terms and the amount of study and 
examination ; that no money, other than the fees pre- 
scribed by this statute and said rules, was paid di- 
rectly or indirectly for such license, and that no fraud, 
misrepresentation or mistake in a material regard was 
employed or occurred in order that such license should 
be conferred. The county clerk shall preserve such 
affidavit in a bound volume and shall issue to every li- 
centiate duly registering and making such affidavit, a 
certificate of registration in his county, which shall in- 
clude a transcript of the registration. Such transcript 
and the license may be offered as presumptive evidence 
in all courts of the facts stated therein. The county 
clerk's fee for taking such registration and affidavit and 
issuing such certificate, shall be one dollar. A practic- 
ing dentist having registered a lawful authority to 
practice dentistry in one county of the state and remov- 
ing such practice or part thereof to another county, or 
regularly engaging in practice or opening an office in 
another county, shall show or send by registered mail 
to the clerk of such other county his certificate or regis- 
tration. If such certificate clearly shows that the 
original registration was of an authority issued under 
seal by the regents, or if the certficate itself is endorsed 
by the regents as entitled to registration, the clerk 



2126 A Manual for 

shall thereupon register the applicant in the latter 
count, on receipt of a fee of twenty-five cents, and shall 
stamp or indorse on such certificate, the date and his 
name, preceded by the words, "registered also in 

county," and return the certificate to 

the applicant. 

Examination fees. — Every applicant for license 
to practice dentistry shall pay a fee of not more than 
twenty-five dollars. From the fees provided by this 
article the regents may pay all proper expenses incurred 
by them under its provisions, and any surplus at the end 
of any academic year shall be paid to the society nomi- 
nating the examiners to defray its expenses incurred 
under the law. 

Revocation of licenses. — If any practitioner 
of dentistry be charged under oath before the board 
with unprofessional or immoral conduct, or with gross 
ignorance, or inefficiency in his profession, they shall 
notify him to appear before them at an appointed time 
and place, with counsel, if he so desires, to answer said 
charges, furnishing to him a copy thereof. Upon the 
report of the board that the accused has been guilty of 
unprofessional or immoral conduct, or that he is grossly 
ignorant or inefficient in his profession, the regents may 
suspend the person so charged from the practice of den- 
tistry for a limited season, or may revoke his license. 
Upon the revocation of any license, the fact shall be 
noted upon the records of the regents and the license 
shall be marked as canceled, of the date of its revoca- 
tion. Upon presentation of a certificate of such cancela- 
tion to the clerk of any county wherein the licentiate 
may be registered, said clerk shall note the date of the 
cancellation on the register of dentists and cancel the 



Boards of Health. 212c 

registration. A conviction of felony shall forfeit a 
license to practice dentistry, and upon presentation to 
the regents or a county clerk of a certified copy of a 
court record showing that a practitioner of dentistry has 
been convicted of felony, that fact shall be noted on the 
record of license and clerk's register, and the license 
and registration shall be marked canceled. Any person 
who, after conviction of a felony shall practice dentistry 
in this state, shall be subject to all the penalties pre- 
scribed for the unlicensed practice of dentistry, provid- 
ing that if such conviction be subsequently reversed 
upon appeal and the accused acquitted or discharged, 
his license shall become again operative from the date 
of such acquittal or discharge. 

Am'd by ch. 297 of 1S96. In effect April 17, 1896. 

§ 163. Construction of this article. — This article 
shall not be construed to prohibit an unlicensed person 
from performing merely mechanical work upon inert 
matter in a dental office or laboratory, or the student of 
a licentiate from assisting his preceptor in dental opera- 
tions while in the presence and under the personal 
supervision of the instructor, or a duly licensed physi- 
cian from treating diseases of the mouth or performing 
operations in oral surgery. But nothing in the pro- 
visions of this article shall be construed to permit the 
performance of dental operations by any unlicensed 
person under cover of the name of a registered practi- 
tioner. Any student of dentistry whose certificate of 
study under private preceptorship shall have been duly 
filed with the secretary of the State Dental Society at 
the time this act takes effect pursuant to the provisions 
of law then in force, may present himself for examina- 
tion to the board under the same conditions as those 



212d A Manual for 

under which he might have presented himself for ex- 
amination before the censors of the State Dental Society 
under the laws in force when his certificate was filed ; 
providing, however, that he shall file a notice with the 
regents on or before the first day of September, eighteen 
hundred and ninety-five, that he purposes availing him- 
self of this exemption. 

Am'd by ch. 626 of 1895 In effect Aug. 1, 1895. 

§ 164. Penalties. — (a) A person who, in any county 
of this state, practices or holds himself out to the public 
as practicing dentistry, not being at the time of said 
practice or holding out a dentist licensed to practice as 
such in this state and registered in the office of the 
clerk of such county pursuant to the general laws regu- 
lating the practice of dentistry, is guilty of a misde- 
meanor, and punishable upon conviction of a first offense 
by a fine of not less than fifty dollars, and upon convic- 
tion of a subsequent offense by a fine of not less than 
one hundred dollars, or by imprisonment for not less 
than two months, or by both such fine and imprison- 
ment. Any violation of this section by a person there- 
tofore convicted under the then existing laws of this 
state of practicing dentistry without license or registra- 
tion shall be included in the term a subsequent offense. 

(b) A person shall be deemed guilty of a misde- 
meanor, and upon every conviction thereof shall be 
punished by a fine of not less than five hundred dollars 
or by imprisonment for not less than six months, or by 
both fine and imprisonment, who 

(1) Shall sell or barter or offer to sell or barter any 
diploma or document conferring or purporting to confer 
any dental degree or any certificate or transcript made 
or purporting to be made pursuant to the laws regulat- 
ing the license and registration of dentist ; or, 



Boards of Health. 212e 

(2) Shall purchase or procure by barter any such 
diploma, certificate or transcript with intent that the 
same shall be used as evidence of the holder's qualifica- 
tion to practice dentistry, or in fraud of the laws regu- 
lating such practice ; or, 

(3) Shall, with fraudulent intent, alter in a material 
regard any such diploma, certificate or transcript ; or, 

(4) Shall use or attempt to use any such diploma, 
certificate or transcript which has been purchased, 
fraudulently issued, counterfeited or materially altered 
either as a license or color of license to practice dentis- 
try or in order to procure registration as a dentist ; or, 

(5) Shall practice dentistry under a false or assumed 
name ; or, 

(6) Shall assume the degree of bachelor of dental 
surgery, doctor of dental surgery, or master of dental 
surgery, or shall append the letters B. D. S., D. D. S., 
M. D. S., to his name, not having had duly conferred 
upon him by diploma from some college, school or board 
of examiners legally empowered to confer the same, the 
right to assume said titles ; or shall assume any title or 
append any letters to his name with the intent to repre- 
sent falsely that he has received a medical or dental 
degree or license. 

(c) Any person who in any affidavit or examination 
required of an applicant for examination, license or 
registration under the laws regulating the practice of 
dentistry shall make willfully a false statement in a 
material regard shall be guilty of perjury, and punish- 
able upon conviction thereof by imprisonment not ex- 
ceeding ten years. 

(d) All fines, penalties or forfeitures imposed or col- 
lected for violations of the foregoing provisions relating 



212/ A Manual for 

to dental practice and the corresponding sections of the 
penal code must be paid to the State Dental Society. 
Said society may prefer a complaint for violation of the 
law regulating the practice of dentistry before any court, 
tribunal or magistrate having jurisdiction, and may, by 
its officers, counsel and agents aid in presenting the law 
and facts before such court, tribunal or magistrate in 
any proceedings taken. 

Aui'd by ch. 626 of 1895. In effect Aug-. 1, 1S95. 

Laws repealed. — Of the laws enumerated in the 
schedule hereto annexed, that portion specified in the 
last column is repealed, but it is expressly provided 
that any license or registration duly obtained in this 
state prior to the first day of August, eighteen hundred 
and ninety-five, without fraud and in full compliance 
with provisions of the laws in force at the time of its 
procurement shall not be affected by the repeal of those 
laws, but shall continue to be as valid as it was at the 
time of its procurement. 

SCHEDULE OF LAWS REPEALED. 

Laws. Chapter. Section. 

1868 152 All of section seven 

after and includ- 
ing the words 
"whose duty it 
shall be," and all 
of sections eight, 
nine and ten. 

1870 331 All. 

1879 540 All. 

1881 376 All. 

1889 337... All. 

1892 528 All. 

Am'd by ch. 626 of 1895. In effect Aug. 1, 1895. 



Boards op Health. 212^ 

ARTICLE X.* 
Veterinary Medicine and Surgery. 

Section 170. Definitions. 

171. Qualifications to practice. 

172. State board of veterinary medical examiners. 

173. Certificate of appointment ; oath ; powers. 

174. Expenses. 

175. Officers ; meetings ; quorum ; committee. 

176. Admission to examination. 

177. Questions. 

178. Examinations and reports. 

179. Licenses. 

180. Registry. 

181. Registry in another county. 

182. Certificate presumptive evidence ; unauthorized 

registration and license prohibited. 

183. Construction of this article. 
184. Penalties and their collection. 

§ 170. Definitions. — As used in this article : 

1. University means university of the state of New 
York. 

2. Regents mean board of regents of the university 
of the state of New York. 

3. Board means a board of veterinary medical ex- 
aminers of the state of New York. 

4. Veterinary medical examiner means a member of 
a board of veterinary medical examiners of the state 
of New York. 

5. Veterinary school means any veterinary school, 
college or department of a university, registered by the 
regents as maintaining a proper veterinary medical 
standard and as legally incorporated. 

6. Veterinary medicine means veterinary medicine 
and surgery, or any branch thereof. 

7. Veterinarian means veterinary physician and 
surgeon. 

* This article was amended by ch. 860 of 1895. In effect June 12, 1895. 



212A A Manual for 

§ 171. Qualifications for practice. — No person 
shall practice veterinary medicine after July first, 
eighteen hundred and ninety-five, unless previously 
registered and legally authorized, unless licensed by 
the regents and registered as required by this article ; 
nor shall any person practice veterinary medicine who 
has ever been convicted of a felony by any court, or 
whose authority to practice is suspended or revoked by 
the regents on recommendation of a state board. Any 
graduate of a veterinary school, who received his degree 
prior to July first, eighteen hundred and ninety-five, 
and has practiced veterinary medicine in some county 
in New York state, but who failed to register in the 
veterinary medical register in the county in which he 
so practiced, may, on unanimous recommendation of 
the state board of veterinary medical examiners, receive 
from the regents a certificate which shall entitle him to 
register as a veterinary practitioner in the county of 
his residence or practice at any time within two months 
after the passage of this act 

Am'd by eh. 840 of 1896 In effect May 22, 1896. 

§ 172. State board of veterinary medical ex- 
aminers. — There shall be a board of veterinary medi- 
cal examiners of five members, each of whom shall hold 
office for five years from August one of the year in 
which appointed. The New York state veterinary 
medical society shall at each annual meeting nominate 
twice the number of examiners to be appointed that 
year on the board. The names of such nominees shall 
be annually transmitted under seal by the president 
and secretary prior to May one, to the regents who 
shall, prior to August one, appoint from such lists the 
examiners required to fill any vacancies that will occur 
from expiration of term on July thirty-first. Any other 



Boards of Health. 212i 

vacancy, however occurring, shall likewise be filled by 
the regents for the unexpired term. Each nominee be- 
fore appointment, shall furnish to the regents proof that 
he has received a degree in the veterinary medicine 
from registered veterinary medical school and that he 
has legally practiced veterinary medicine in this state 
for at least five years If no nominees are legally be- 
fore them from the society, the regents may appoint 
from members in good standing in the veterinary pro- 
fession without restriction. The regents may remove 
any examiner for misconduct, incapacity or neglect of 
duty. 

§ 173. Certificate of appointment ; oath ; powers. 
— Every veterinary medical examiner shall receive a 
certificate of appointment from the regents, and before 
beginning his term of office shall file with the secretary 
of state the constitutional oath of office. The board, or 
any committee thereof, may take testimony and proofs 
concerning all matters within its jurisdiction. The 
board may, subject to the regents' approval, make all 
by-laws and rules not inconsistent with law needed in 
performing its duties, but no by-laws or rules by which 
more than a majority vote is required for any specified 
action by the board shall be amended, suspended or 
repealed by a smaller vote than that required for the 
action thereunder. 

§ 174. Expenses. — From the fees provided by this 
article the regents may pay all proper expenses incurred 
by its provisions, except compensation to veterinary 
medical examiners, and any surplus at the end of the 
academic year shall be apportioned among the members 
of the board pro rata according to the number of candi- 
dates whose answer papers have been marked by each. 



212; A Manual for 

§ 175. Officers ; meetings ; quorum ; commit- 
tees. — The board shall annually elect from its members 
a president and secretary for the academic year, and 
shall hold one or more meetings each year pursuant to 
the call cf the regents. At any meeting a majority 
shall constitute a quorum ; but questions prepared by 
the board may be grouped and edited, or answer papers 
of candidates may be examined and marked by commit- 
tees duly authorized by the board and by the regents. 

§ 176. Admission to examination. — The regents 
shall admit to examination any candidate who pays a 
fee of ten dollars and submits satisfactory evidence, 
verified by oath if required, that he (first) is more than 
twenty-one years of age; (second) is of good, moral 
character ; (third) has the general education required 
in all cases after July first, eighteen hundred and ninety- 
seven, preliminary to receiving a degree in veterinary 
medicine ; (fourth) has studied veterinary medicine not 
less than three full years, including three satisfactory 
courses, in three different academic years, in the veteri- 
nary medical school registered as maintaining at the 
time a satisfactory standard; (fifth) has received a 
degree as veterinarian from some registered veterinary 
medical school. The degree in veterinary medicine 
shall not be conferred in this state before the candidate 
has filed with the institution conferring it, the certificate 
of the regents that three years before the date of the 
degree, or before or during his first year of veterinary 
medical study in this state, he has either graduated 
from a registered college or satisfactorily completed an 
academic course in a registered academy or high school ; 
or has a preliminary education considered and accepted 
by the regents as fully equivalent; or has passed 



Boards op Health. 212k 

regents' examinations equivalent to the minimum re- 
quirement in such preliminary education for candidates 
for medical or dental degrees in this state. Students 
who had matriculated in a veterinary medical school 
before October first, eighteen hundred and ninety-five, 
shall be exempted from this preliminary educational 
requirement, provided the degree be conferred before 
July first, eighteen hundred and ninety-eight. The 
regents may, in their discretion, accept as the equivalent 
for any part of the third and fourth requirement, evidence 
of five or more years' reputable practice in veterinary 
medicine, provided that such substitution be specified 
in the license. 

§ 177. Questions. — Each member of the board shall 
submit to the regents, as required, lists of suitable ques- 
tions for thorough examination in comparative anatomy, 
physiology and hygiene, in chemistry and in veterinary 
surgery, obstetrics, pathology and diagnosis and thera- 
peutics, including practice and materia medica. From 
these lists the regents shall prepare question papers for 
all these subjects, which at any examinations shall be 
the same for all candidates. 

§178. Examinations and reports. — Examination 
for license shall be given in at least four convenient 
places in this state and at least four times annually, in 
accordance with the regents' rules, and shall be exclu- 
sively in writing and in English. Each examination 
shall be conducted by a regent examiner, who shall not 
be one of the veterinary medical examiners. At the 
close of each examination the regents' examiner in charge 
shall deliver the questions and answer papers to the 
board, or to its duly authorized committee, and such 
board, without unnecessary delay, shall examine and 



2121 A Manual for 

mark the answers and transmit to the regents an official 
report, signed by its president and secretary, stating 
the standing of each candidate in each branch, his gen- 
eral average and whether the board recommends that a 
license be granted. Such report shall include the ques- 
tions and answers and shall be filed in the public records 
of the university. If a candidate fails on his first exam- 
ination, he may, after not less than six months' further 
study, have a second examination without fee. If the 
failure is from illness or other cause satisfactory to the 
regents, they may waive the required six months' study. 

§ 179. Licenses. — On receiving from the state board 
an official report that au applicant has successfully 
passed the examination and is recommended for license, 
the regents shall issue to him, if in their judgment he 
is duly qualified therefor, a license to practice veterinary 
medicine. Every license shall be issued by the univer- 
sity under seal and shall be signed by each acting 
veterinary medical examiner of the board and by the 
officer of the university who approved the credential 
which admitted the candidate to examination, and shall 
state that the licensee has given satisfactory evidence 
of fitness as to age, character, preliminary and veteri- 
nary medical education and all other matters required 
by law, and that after full examination he has been 
found properly qualified to practice. Applicants exam- 
ined and licensed before July first, eighteen hundred 
and ninety-seven, by other state examining boards 
registered by the regents as maintaining standards not 
lower than those provided by this article, and applicants 
who matriculate in a New York state veterinary medical 
school before July first, eighteen hundred and ninety- 
six, and who receive the veterinary degree from a 



Boards of Health. 212m 

registered veterinary medical school before July first, 
eighteen hundred and ninety-seven, may without further 
examination, on payment of ten dollars to the regents, 
and on submitting such evidences as they may require, 
receive from them an indorsement of their license or 
diplomas conferring all rights and privileges of a regents' 
license issued after examination. If any person whose 
registration is not legal because of some error, misunder- 
standing or unintentional omission, shall submit satis- 
factory proof that he had all requirements prescribed 
by law at the time of his imperfect registration and was 
entitled to be legally registered, he may, on unanimous 
recommendation of the state board of veterinary medical 
examiners, receive from the regents under seal a certifi- 
cate of the facts, which may be registered by any county 
clerk and shall make valid the previous imperfect regis- 
tration. Before any license is issued it shall be num- 
bered and recorded in a book kept in the regents' office 
and its number shall be noted in the license. This 
record shall be open to public inspection, and in all 
legal proceedings shall have the same weight as evidence 
that is given to a record of conveyance of land. 

§ 179a. Registry. — Every license to practice veteri- 
nary medicine shall, before the licensee begins practice 
thereunder, be registered in a book to be known as the 
" veterinary medical register," which shall be provided 
by and kept in the clerk's office of the county where 
such practice is to be carried on, with name, residence, 
place and date of birth, and source, number and date of 
its license to practice. Before registering, each licensee 
shall file, to be kept in a bound volume in the county 
clerk's office, an affidavit of the above facts, and also 
that he is the person named in such license, and had, 



212^ A Manual for 

before receiving the same, complied with all requisites 
as to attendance, terms and amount of study and ex- 
amination required by law and the rules of the univer- 
sity as preliminary to the conferment thereof, and no 
money was paid for such license, except the regular 
fees, paid by all applicants therefor; that no fraud, 
misrepresentation or mistake in any material regard 
was employed by anyone or incurred in order that such 
license should be conferred. Every license, or if lost, 
a copy thereof, legally certified so as to be admissible 
as evidence, or a duly attested transcript of the record 
of its conferment, shall, before registering, be exhibited 
to the county clerk, who, only in case it was issued or 
indorsed as a license under seal by the regents, shall 
indorse or stamp on it the date and his name, preceded 
by the words • " Registered as authority to practice 

veterinary medicine, in the clerk's office of 

county." The clerk shall thereupon give to every veteri- 
narian so registered a transcript of the entries in the 
register, with a certificate under seal that he has filed 
the prescribed affidavit. The licensee shall pay to the 
county clerk as a total fee of one dollar for registration, 
affidavit and certificate. 

§ 1796. Registration in another county. — A prac- 
ticing veterinarian having registered a lawful authority 
to practice veterinary medicine in one county, and re- 
moving such practice or part thereof to another county, 
or regularly engaging in practice or opening an office in 
another county, shall show or send by registered mail 
to the clerk of such other county, his certificate of regis- 
tration. If such certificate clearly shows that the 
original registration was of an authority issued under 
seal by the regents, or if the certificate itself is indorsed 
by the regents as entitled to registration, the clerk 
shall thereupon register the applicant in the latter 
county, on receipt of a fee of twenty-five cents, and shall 
stamp or indorse on such certificate the date and his 
name, preceded by the words : " Registered also in 

... county " and return the certificate to the 

applicant. 



Boards of Health. 212o 

§ 179c Certificate and presumptive evidence ; 
unauthorized registration and license prohibited. 

— Every unrevoked certificate and indorsement of 
registry, made as provided in this article, shall be pre- 
sumptive evidence in all courts and places that the 
person named therein is legally registered. Hereafter 
no person shall register any authority to practice vet- 
erinary medicine unless it has been issued or indorsed 
as a license by the regents. No diploma or license con- 
ferred on a person not actually in attendance at the 
lectures, instructions and examinations of the school 
conferring the same, or not possessed at the time of its 
conferment of the requirements then demanded of vet- 
erinary medical students in this state as a condition of 
their being licensed so to practice, and no registration 
not in accordance with this article shall be lawful au- 
thority to practice veterinary medicine, nor shall the 
degree of doctor of veterinary medicine be conferred 
causa honoris or ad eundum, nor if previously conferred 
shall it be a qualification for such practice. 

§ 179c?. Construction of this article. — This article 
shall not be construed to affect commissioned veterinary 
medical officers serving in the United States army, or in 
the United States bureau of animal industry while so 
commissioned ; nor any person for giving gratuitous 
services in case of emergency ; or any lawfully qualified 
veterinarian in other states or countries meeting legally 
registered veterinarians in this state in consultation ; 
or any veterinarian residing on a border of a neighbor- 
ing state and duly authorized under the laws thereof to 
practice veterinarian medicine therein, whose practice 
extends into this state, and who does not open an office 
or appoint a place to meet patients or receive calls 
within this state ; or any veterinarian duly registered 
in one county called to attend isolated cases in another 
county, but not residing or habitually practicing therein. 
This article shall be construed to repeal all acts or parts 
of acts authorizing conferment of any degree in veterin- 
ary medicine, causa honoris or ad eundum, or otherwise, 
than on students duly graduated after satisfactory com- 



212p A Manual for 

pletion of a preliminary and veterinary medical course, 
not less than that required by this article, as a con- 
dition of license. 

§ 179e. Penalties and their collection. — Every 
person who shall practice veterinary medicine within 
this state without lawful registration or in violation of 
any provision of this article shall forfeit to the county 
wherein such persons shall so practice, or in which any 
violation shall be committed, fifty dollars for every such 
violation, and for every day of such unlawful practice, 
and any incorporated veterinary medical society of the 
state or any county veterinary medical society of such 
county entitled to representation in a state society, may 
bring an action in the name of such county for the col- 
lection of such penalties, and the expense incurred by 
such society in such prosecution, including necessary 
counsel fees, may be retained by such society out of the 
penalties so collected, and the residue, if any, shall be 
paid into the county treasury Any person who shall 
practice veterinary medicine under a false or assumed 
name or who shall falsely personate another practitioner 
of a like or different name, shall be guilty of a felony ; 
and any person guilty of violating any of the other pro- 
visions of this act, not otherwise specifically punished 
herein, or who shall buy, sell or fraudulently obtain any 
veterinary medical diploma, license, record or registra- 
tion, or who shall aid or abet such buying, selling or 
fraudulently obtaining, or who shall practice veterinary 
medicine under the cover of a diploma, or license il- 
legally obtained, or signed or issued unlawfully or 
under fraudulent representation, or mistake of fact in 
material regard, or who, after conviction of a felony, 
shall attempt to practice veterinary medicine, and any 
person who shall, without having been authorized so to 
do legally, append any veterinary title to his or her 
name, or shall assume or advertise any veterinary title 
in such a manner as to convey the impression that he is 
a lawful practitioner of veterinary medicine or any of 
its branches, shall be guilty of a misdemeanor, and on 



Boards of Health. 213 

conviction thereof shall be punished by a fine of not less 
than two hundred and fifty dollars or imprisonment for 
six months for the first offense, and on conviction of a 
subsequent offense by a fine of not less than five hun- 
dred dollars or imprisonment for not less than one year, 
or by both fine and imprisonment. 

ARTICLE XI. 

PHARMACY. 

Section 180. State board; appointment. 

181. Oaths; meetings; officers; by-laws. 

182. Kinds of licenses. 

183. Duties of board. 

184. Who are entitled to license. 

185. Additional requirements. 

186. Fee; posting and revocation of license. 

187. Application of article limited. 

188. Apprentices. 

189. Exemption of New York, Kings and Erie counties. 

190. Penalties; expenses. 

§ 180. State board ; appointment. — There shall 
continue to be a state board of pharmacy for the state, 
excepting the counties of New York, Kings and Erie, of 
five members, each holding office for a term of five years 
from the first Tuesday in September of the year when 
such term begins. The New York state pharmaceutical 
association shall at each annual meeting nominate five 
pharmacists, residents of the state but not of the said 
counties, from which number the governor shall fill the 
vacancy annually occurring in such board by expiration 
of the term of one of the incumbents. If a vacancy oc- 
curs from any other cause than expiration of term, the 
governor shall fill the vacancy from the list of names so 



214 A Manual for 

nominated at the annual meeting of such association 
next preceding the happening of the vacancy. 

§ 181. Oaths ; meetings ; officers ; by-laws. — 
Each member of such board shall, before entering upon 
the discharge of his duties, take and subscribe the consti- 
tutional oath of office and file the same in the office of the 
secretary of state. The board shall meet annually on 
the first Tuesday of September at twelve o'clock, noon, 
and elect a president, secretary and treasurer, who shall 
hold office for one year. It shall hold other meetings at 
least once in three months. The board may make by- 
laws and regulations for the examination of applicants 
for licenses and the granting of licenses to applicants. 

§ 182. Kinds of license. — There shall be two grades 
of license established, that of pharmacist, which confers 
on the licentiate the privilege of carrying on the practice 
of pharmacy, either on his own account, as proprietor, 
or for some other person, and that of assistant pharma- 
cist, which entitles the holder to retail medicines and 
poisons, but not to compound physicians' prescriptions 
in the absence of the licensed pharmacist. 

§ 183. Duties of board. — Such board of pharmacy 
shall : 

1. Examine all applicants for license under this arti- 
cle, and grant licenses to such as may be entitled thereto. 

2. Keep a record of all pharmacists and assistant 
pharmacists licensed or authorized by it. 

3. Investigate all complaints of disregard of, non- 
compliance with, or violation of any provision of this 
article, and bring all such cases, and all cases of offenses 
against the provisions of the Penal Code relating to phar- 
macy, to the notice of the proper prosecuting officer. 

4. Eender annually to the governor and to the state 
pharmaceutical association at its annual meeting, a full 



Boards op Health. 215 

statement of all its receipts and disbursements during 
the preceding year. 

§ 184. Who are entitled to license. — Any person 
who has had four years' experience in the practice of 
pharmacy, or any person who holds a certificate of 
registration from any board of pharmacy legally created 
under the laws of this state, is entitled to license as a 
pharmacist, and any person who has had two years' ex- 
perience in the practice of pharmacy is entitled to a 
license as an assistant pharmacist on complying with 
the regulations of the state board of pharmacy and other 
requirements as provided in this article. Any person 
who, on the twenty-fourth day of May, eighteen hun- 
dred and eighty-four, was entitled to be licensed as a. 
pharmacist, but who failed within ninety days there- 
after to apply to the state board for a license, may, at 
any time after this chapter takes effect, on eight days' 
notice to the secretary of such board, apply to the su- 
preme court, at a special term, in the district where 
such applicant resides, for an order directing such board 
to issue such license ; and such court may grant such 
order, on proof of good cause for the neglect to so apply, 
and such board shall issue such license on receipt of a 
certified copy of such order served upon the secretary 
of such board. 

Am'd by ch. 253 of 1896. Took effect April 15, 1896. 

§ 185. Additional requirements. — No person 
shall be entitled to a license as a pharmacist or assist- 
ant pharmacist from any board of pharmacy created 
under the laws of this state, unless he furnish proof to 
such board by his own affidavit or otherwise, in addition 
to the other requirements of law relating to the grant- 
ing of licenses by such board, that he is a resident of 
the city, county or district for which such board is cre- 
ated, or if a non-resident, that he intends to practice in 
such city, county or district ; that he has not applied 
for a license to or been examined by any board of 
pharmacy of the state and been refused a license within 
six months immediately preceding. 

Am'd by ch. 896 of 1895. In effect June 4, 1895. 



216 A Manual for 

§ 186. Fee ; posting and revocation of license. 

— No license shall be granted by such state board, 
under this article, unless the applicant pays to such 
board a fee of ten dollars for a license as pharmacist, 
after examination by this board, or five dollars for a 
license or certificate of registration as pharmacist, after 
examination by any other legal board of this state, and 
three dollars for a license as assistant pharmacist. 
Every person to whom a license is granted by such 
board shall post it and keep it posted in a conspicuous 
part of the pharmacy in which such person does busi- 
ness. No license granted by such board shall be re- 
voked except for just and sufficient cause. No person 
shall hereafter practice as a pharmacist unless a license 
has been granted to such person by the state board of 
pharmacy. 

Am'd by ch. 896 of 1895. In effect June 4, 1895. 

§ 187. Application of article limited. — This article 
shall not apply to the business of a practitioner of medi- 
cine who is not the proprietor of a store for the retailing 
of drugs, medicines or poisons and shall not prevent 
practitioners of medicine from supplying their patients 
with such articles as they may deem proper, nor shall 
it apply to persons who sell medicines or poisons at 
wholesale or to the sale of Paris green, white hellebore 
and other poisons for destroying insects or any substance 
for use in the arts, or to the manufacture and sale of 
proprietary medicines, or to the sale of the usual domes- 
tic remedies by retail dealers in the rural districts. The 
term " usual domestic remedies," here employed, means 
medicines, a knowledge of the properties of which and 
dose has been acquired from common use and includes 
only such remedies as may be safely employed without 
the advice of a physician such as epsom salts, rochelle 
salts, salts of tartar, borax, sulphur, magnesia, camphor, 



Boards of Health. 217 

aloes, myrrh, guaiac, arnica, rhubarb, senna, squills, 
ipecac and preparations of the same, castor oil, olive oil, 
origanum, spike, amber, wintergreen, peppermint, 
wormwood, glycerine, spirits of nitre and other like 
remedies, but does not include opium, morphine, lauda- 
anum, strychnine, arsenic, belladonna, aconite and other 
poisons requiring knowledge and pharmaceutical skill to 
safely dispense, unless they are sold in original pack- 
ages, or packages bearing the label of a licensed phar- 
macist. The term " rural districts " here employed, shall 
apply only to small villages and country districts having 
no store where pharmacy is practiced. The term " prac- 
tice of pharmacy" when used in this article means the 
compounding of prescriptions or of any United States 
pharmacopseial preparation, or of any drug or poison, 
to be used as medicines, or the retailing of any drug or 
poison, except as provided for in this section. 

§ 188. Apprentices. — This article shall not be con- 
strued to prohibit the employment in any pharmacy, of 
apprentices for the purpose of being instructed in the 
practice of pharmacy ; but such apprentices shall not 
be permitted to prepare and dispense physicians' prescrip- 
tions, or to sell or furnish medicines or poisons except 
in the presence of and under the supervision of a 
licensed pharmacist. 

§ 189. Exemption of New York, Kings and 
Erie counties. — Except the provisions relating to the 
proof to be furnished to any board of pharmacy by an 
applicant for a license, this article shall not apply to the 
counties of New York, Kings and Erie, but a license 
as a pharmacist granted any person after the examina- 
tion by any board of pharmacy, legally created under 
the laws of this state, shall entitle such person to a 
license or certificate of registration from any other 



218 A Manual for 

board of pharmacy so created, upon presenting to such 
board his license and complying with the formal 
requirements of the laws. 

§ 190. Penalties; expenses.— Any person violating 
any provision of this article shall forfeit to the county 
wjirre the violation occurs the sum of fifty dollars for 
every such violation, which may be sued for and recov- 
ered in the name of the county by the state board of 
pharmacy, which may retain out of all penalties col- 
lected by it the costs and expenses of such collection, 
including counsel fees necessarily paid, and the residue, 
not exceeding one-half of such penalties shall be paid 
into the treasury of the county. The expenses of the 
state board shall be paid out of the fees in this article 
provided, and the moiety of the penalties collected and 
retained by it. 

AETIOLE XII. 

MISCELLANEOUS PROVISIONS. 

Section 200. Vaccination of school children. 

201. Appointment of physician. 

202. Preservation of life at bathing places. 

203. Examination and quarantine of children admitted 

to institutions for orphan, destitute or vagrant 
children or juvenile delinquents. 

204. Monthly examination of inmates and reports. 

205. Beds ; ventilation. 

206. Baby farming. 

207. Cadavers. 

208. Prescriptions of opium and morphine. 

209. Laws repealed. 

210. When to take effect. 

§ 200. Vaccination of school children. — No child 
or person not vaccinated shall be admitted or received 
into any of the public schools of the state, and the 



Boards of Health. 219 

trustees or oilier officers having the charge, management 
or control of such schools shall cause this provision of 
law to be enforced, They may adopt a resolution 
excluding such children and persons not vaccinated 
from such school until vaccinated, and when any such 
resolution has been adopted, they shall give at least ten 
days' notice thereof, by posting copies of the same in 
at least two public and conspicuous j)laces within the 
limits of the school government, and shall announce 
therein that due provision has been made, specifying it, 
for the vaccination of any child or person of suitable 
age desiring to attend the school, and whose parents or 
guardians are unable to procure vaccination for them, 
or avIio are, by reason of poverty, exempted from taxation 
in such district. 

§ 201. Appointment of physician. — Such trustees 
or board may appoint a competent physician and fix his 
compensation, who shall ascertain the number of chil- 
dren or persons in a school district, or in a subdivision 
of a city school government, of suitable age to attend 
the common schools, who have not been vaccinated and 
furnish such trustees or board a list of their names. 
Every such physician shall provide himself with good 
and reliable vaccine virus with which to vaccinate sueh 
children or persons as such trustees or board shall di- 
rect, and give certificates of vaccination when required, 
which shall be evidence that the child or person to 
whom given has been vaccinated. The expenses in- 
curred in carrying into effect the provisions of this and 
the preceding section, shall be deemed a part of the ex- 
pense of maintaining such school, and shall be levied 
and collected in the same manner as other school ex- 
penses. The trustees of the several school districts of 
the state shall include in their annual report the num- 



220 A Manual for 

ber of vaccinated and un vaccinated children of school 
age in their respective districts. 

§ 202. Preservation of life at bathing places. — 
Every keeper or proprietor of a hotel or boarding-house, 
and every other person having for use a bathing-house 
upon any beach or shore of the ocean, for the acccom- 
modation of his guests, or of other persons for pay, 
shall provide for the safety of such bathers two lines of 
sound, serviceable and strong manilla or hemp rope, not 
less than ooe inch in diameter, anchored at some point 
above high water, at the same distance apart as the line 
of bathing-houses, or space fronting on such beach oc- 
cupied by him is in width; and from the two points at 
which such life lines are so anchored, such line shall be 
made to extend as far into the surf as bathing is ordi- 
narily safe and free from danger of drowning to persons 
not expert in swimming, and at such points of safety 
such lines shall be anchored and buoyed. From the 
two points of such lines so extended, anchored and 
buoyed, a third line shall be extended, connecting the 
two extremities, and buoyed at such points as to be 
principally above the surface of the water, thereby in- 
closing a space within such lines and the beach within 
which bathing is believed to be safe. Every such keeper 
or proprietor or other such person shall cause to be 
painted and put up in some prominent place upon the 
beach, near such bathing-houses, the following words: 
" Bathing beyond the lines dangerous." Such lines so 
placed, anchored and buoyed, and such notice so put 
up, shall continue and be so maintained by every such 
keeper, proprietor or other person during the entire 
season of surf bathing. The owner of a bathing- house 
shall not be subject to the provisions of this section 
where it is used, occupied or maintained by a lessee for 



Boards of Health. 221 

hire, but such lessee shall be deemed the keeper or pro- 
prietor thereof. Every person violating any provision 
of this section shall forfeit to the county where the viola- 
tion occurs the sum of twenty-five dollars for every such 
violation,, and for each day that any such violation is 
repeated or continued. 

§ 203. Examination and quarantine of children 
admitted to institutions for orphans, destitute or 
vagrant children or juvenile delinquents. — Every 
institution in this state, incorporated for the express 
purpose of receiving or caring for orphan, vagrant or 
destitute children or juvenile delinquents, except hos- 
pitals, shall have attached thereto a regular physician of 
its selection duly licensed under the laws of the state 
and in good professional standing, whose name and ad- 
dress shall be kept posted conspicuously within such in- 
stitution near its main entrance. The words "juvenile 
delinquents" here used shall include all children whose 
commitment to an institution is authorized by the Penal 
Code. The officer of every such institution upon re- 
ceiving a child therein, by commitment or otherwise, 
shall, before admitting it to contact with the other in- 
mates, cause it to be examined by such physician, and a 
written certificate to be given by him, stating whether 
the child has diphtheria, scarlet fever, measles, whoop- 
ing cough or any other contagious or infectious disease, 
especially of the eyes and skin, which might be com- 
municated to other inmates and specifying the physical 
and mental condition of the child, the presence of any 
indication of hereditary or other constitutional disease, 
and any deformity or abnormal condition found upon 
the examination to exist. No child shall be so admit- 
ted until such certificate shall have been furnished, 
which shall be filed with the commitment or other papers 



222 A Manual fur 

on record in the case, by the officers of the institution, 
who shall, on receiving such child, place it in strict 
quarantine thereafter from the other inmates, until dis- 
charged from such quarantine by such physician, who 
shall thereupon indorse upon the certificate the length 
of quarantine and the date of discharge therefrom. 

§ 204. Monthly examination of inmates and re- 
ports. — Such physician shall at least once a month 
thoroughly examine and inspect the entire institution, 
and report in writing, in such form as may be approved 
by the state board of health, to the board of managers 
or directors of the institution, and to the local board of 
the district or place where the institution is situated, its 
condition, especially as to its plumbing, sinks, water- 
closets, urinals, privies, dormitories, the physical condi- 
tion of the children, the existence of any contagious or 
infectious disease, particularly of the eyes or skin, their 
food, clothing and cleanliness, and whether the officers 
of the institution have provided proper and sufficient 
nurses, orderlies, and other attendants of proper capacity 
to attend to such children, to secure to them due and 
proper care and attention as to their personal cleanliness 
and health, with such recommendations for the improve- 
ment thereof as he may deem proper. Such boards of 
health shall immediately investigate any complaint 
against the management of the institution or of the 
existence of anything therein dangerous to life or health, 
and, if proven to be well founded, shall cause the evil to 
be remedied without delay. 

§ 205. Beds ; ventilation. — The beds in every dor- 
mitory in such institution shall be separated by a passage- 
way of not less than two feet in width, and so arranged 
that under each the air shall freely circulate and there 
shall be adequate ventilation of each bed, and such dor- 



Boards of Health. 223 

mitory shall be furnished with such means of ventilation 
as the local board of health shall prescribe. In every 
dormitory six hundred cubic feet of air space shall be 
provided and allowed for each bed or occupant, and no 
more beds or occupants shall be permitted than are thus 
provided for, unless free and adequate means of ventila- 
tion exist approved by the local board of health, and a 
special permit in writing therefor be granted by such 
board, specifying the number of beds or cubic air space 
which shall, under special circumstances, be allowed, 
which permit shall be kept conspicuously posted in such 
dormitory. The physician of the institution shall im- 
mediately notify in writing the local board of health 
and the board of managers or directors of the institution 
of any violation of any provision of this section. 

§ 206. Baby farming". — No person shall receive or 
board more than two infants under three years of age in 
the same place at the same time, unless accompanied by 
their parents, relatives or some person entitled to their 
custody, or unless within two days after the reception 
of every such infant beyond the first two, a license shall 
be duly issued by the mayor or board of health of the 
city, or by the board of health of the village or town 
where such infant is to be received or boarded, specify- 
ing the name and age of the child, and the name and 
place of residence of the person so undertaking its care, 
and authorizing such person to receive and board the 
same. The officers of every incorporated society for the 
prevention of cruelty to children may at all reasonable 
times enter and inspect tln j premises where such infants 
are so received, boarded or kept, and they shall see that 
the provisions of this section are duly enforced. This 
section shall not apply to corporations incorporated un- 
der the laws of this state for the purpose of receiving 



22-4 A Manual for 

and caring for foundlings or abandoned or homeless 
infants. 

§ 207a. Cadavers. — The governors, keepers, wardens, 
managers, or persons having lawful control and manage- 
ment of any hospital, prison, almshouse, asylum, morgue 
or other receptacle for corpses not interred in the coun- 
ties of Onondaga, Oswego, Madison and Cortland, and 
the warden of the Auburn state prison, in the county of 
Cayuga, and every undertaker or other person in the 
counties of Onondaga, Oswego, Madison and Cortland, 
having in his lawful possession any such corpses for 
keeping or burial, may deliver, and they are hereby 
required to deliver, under the conditions specified in 
this section, every such corpse in their or his possession, 
charge, custody or control, not placed therein by rela- 
tives or friends in the usual manner for keeping or 
burial, to the medical colleges or schools in said counties 
of Onondaga, Oswego, Madison and Cortland, author- 
ized by law to confer either the degree of doctor of 
medicine, or the degree of doctor of dental surgery and 
to all other colleges or schools incorporated under the 
laws of the state in said counties for the purpose of 
teaching medicine, anatomy or surgery, and to any uni- 
versity in either of said counties having a medical pre- 
paratory course of instruction, and the professors and 
teachers in every such college, school or university may 
receive such corpses and use the same for the purposes 
of medical, anatomical or surgical science and study. 
No such corpse shall be so delivered if within forty- 
eight hours after death, it is desired for interment by 



Boards of Health. 224a 

relatives, or by friends, who will bear the expenses of 
its interment ; nor shall a corpse be so delivered or re- 
ceived of any person known to have relatives, whose 
places of residence are also known, without the assent 
of such relatives ; and such relatives shall be deemed 
to have assented thereto, unless they shall claim such 
corpse for the interment within twenty-four hours after 
being notified of the death of such person. If the 
remains of any person so delivered or received shall be 
subsequently claimed for interment by any relative or 
by any friend who will bear the expense of such inter- 
ment, they shall be given up to such relative or friend 
for interment. Any person claiming any corpse or 
remains for interment, as provided in this section, may 
be required by the persons, college, school, university 
or officer or agent thereof, in whose possession, charge 
or custody the same may be, to present an affidavit 
stating that he is such relative or friend, and the facts 
and circumstances upon which the claim that he is such 
relative or friend is based, and, if a friend, that he will 
bear the expense of such interment, the expense of 
which affidavit shall be paid by the person requiring 
it. If such person shall refuse to make such affidavit, 
such corpse or remains shall not be delivered to him, 
but he shall forfeit his claim and right to the same 
Any such college, school or university in either of said 
counties desiring to avail itself of the provisions of this 
section shall notify said governors, keepers, wardens, 
managers, undertakers and other persons hereinbefore 
specified in the county where said college, school or 
university is situated, or in any of said adjoining coun- 



2246 A Manual for 

ties, in which no such college, school or university is 
situated of such desire, and thereafter it shall be obliga- 
tory upon such governors, keepers, wardens, managers, 
undertakers and other persons hereinbefore specified, 
to immediately notify the proper officer or officers of 
said college, school or university, whenever there is any 
corpse in their possession, charge, custody or control, 
which may be delivered to a medical college, school or 
university under this section, and to deliver the same 
to such college, school or university. It shall be the 
duty of such governors, keepers, wardens, managers 
and persons having lawful control and management of 
the institutions hereinbefore mentioned, after being 
duly notified by any college, school or university of its 
desire to avail itself of the provisions of this section, to 
keep, if requested so to do by such college, school or 
university, and if provided by such medical college, 
school or university with a suitable book for that pur- 
pose, a true and correct record of any and all corpses 
thereafter coming into their possession, charge, custody 
or control, and of the disposition made of the same, 
giving the name of such corpses, if known ; the dates 
of death and burial, if known ; the names and places of 
residence, if known, of the relatives of such corpses ; 
the names of the persons by whom such corpses are 
claimed for interment and the names of the colleges, 
schools, universities, or persons, to whom the same are 
delivered, and the dates of such deliveries ; which said 
books shall be open to the inspection of the officers and 
agents of such college, school or university furnishing 
the same and to the officers and agents of any other 



Boards of Health. 225 

medical college, school or university entitled to receive 
corpses from the same county If two or more colleges, 
schools or universities located in any one of said coun- 
ties are entitled to receive corpses from the same or 
from said adjoining counties, they shall receive the 
same in proportion to the number of matriculated stu- 
dents in each college* The professors and teachers in 
every college, school or university receiving any corpse 
under this section, shall dispose of the remains thereof, 
after they have served the purposes of medical, ana- 
tomical or surgical science and study, in accordance 
with the regulations of the local board of health where 
the college, school or university is situated. Any per- 
son neglecting to comply with or violating any provision 
of this section, shall forfeit and pay a penalty of tWenty- 
flve dollars for each and every such noncompliance or 
violation thereof, and it shall be the duty of the health 
officer, or person performing his duties, in the places 
where said medical colleges, schools or universities are 
situated, whenever he shall have knowledge or informa- 
tion of any noncompliance with, or violation of, any 
provision, or provisions, of this section, to sue for and 
recover, in his name of office, the aforesaid penalty, and 
to pay over the amount so recovered, less the cost and 
expenses of the action, to the health board of said 
locality, for its use and benefit. 

Am'd by ch. 302 of 1896. Took effect April 17, 1896. 



226 



A Manual for 



§ 208. Prescription of opium, morphine, cocaine 
and chloral. — No pharmacist, druggist, apothecary or 
other person shall refill more than once, prescriptions 
containing opium or morphine or preparations of either 
of them or cocaine or chloral, in which the dose of 
opium shall exceed one-quarter of a grain, or of mor- 
phine one-twentieth of a grain, or of cocaine one-half of 
a grain, or of chloral ten grains, except upon the writ- 
ten order of a physician. 

§ 209. Laws repealed. — Of the laws enumerated 
in the schedule hereto annexed, that portion specified 
in the last column is repealed. 

§ 210. When to take effect.— This chapter shall 
take effect immediately. 

Schedule oe Laws Repealed. 



Revised Statutes. 


Sections. 




Part 1, chapter 14 


All. 








Laws of 


Chapter 


Sections. 


1854 


123 


All. 
All. 
All. 
All. 
All. 
All. 
All. 
All. 




I860 


438 

358 




1863 




1864 


398 , 




1865 


592 




1865 


613 




1866 


154 




1866 


751 





Boards of Health. 



22? 



Laws of 


Chapter 


Sections. 


1867 


543 


All. 


1870 . 


525 


All. 


1872 


746 

540 


All. 


1879 


All. 


1877 


427 


All. 


1880 


322 


All. 


1881 


376... 

40? 


All. 


1881 


All. 


1881 


550 


1. 


1881 


679 


All. 


1882 


308 .... 

40 


All. 


1883 


All 


1883 


291 


All. 


1883 


443 


All. 


1884 


272 


All. 


1884 


361 


All. 


1885 


176 

270 


All. 


1885 


All. 


1885 


360 


All. 


1885 c 


382 


All. 


1885 


399 


1, 2. 


1885 


534 


All. 


1885 


543 


All. 


1886 


313 


All. 


1886 


329 


All. 


1886 


467 


All. 


1886 


477 


All. 


1886 


633 


All. 


1887 


166 

280 


All. 


1887 


All. 


1887 


603 


All. 


1887 


636 


All. 


1887 


647 


All. 


1887 

1888 


676 

52 


All. 
All. 


1888 


53 


All. 


1888 


77 


All. 



228 



A Manual for Boards of Health. 



Laws of 


Chapter 


Sections. 


1888 


146 


All. 


1888 


280 


All. 


1888 


•309 


All. 


1888 


341 


All. 


1888 


431... 

181 


All. 


1889 


All. 


1889 


247 


All. 


1889 


397 


All. 


1889 


484 

537 


All. 


1889 


All. 


1890.. , 


100 


All. 


1890 


419 


All. 


1890 


468 


All. 


1890 


500 


All. 


1890 


507 


All. 


1892 


486 


All. 


1892 


487 

528 


AIL 


1892 


All except 5. 
All. 


1892 


655 









§ 941. Ordinances, et cetera, of cities, villages, 
et cetera. — An act, ordinance, resolution, by-law, rule 
or proceeding of the common council of a city, or of the 
board of trustees of an incorporated village, or of a 
local board of health of a city, town or incorporated vil- 
lage or of a board of supervisors, within the state, may 
be read in evidence, either from a copy thereof, certified 
by the city clerk, village clerk, clerk of the common 
council, clerk or secretary of the local board of health, 
of clerk of the board of supervisors ; or from a volume 
printed by authority of the common council of the city, 
or the board of trustees of the village or the local board 
of health of the city, town or village, or the board of 
supervisors. 

Am'd by ch. 203 of 1894. In effect Sept. 1, 1894. 



INDEX 



[L. B. is equivalent to Local Board of Health, L. H. 0. to Local 
Health Officer, S. B. to State Board of Health, and V. S. to Vital 
Statistics. The numbers refer to the sections.] 

Abatement : 

of nuisance, notice ; how made and served 59 

Adulterations : 

food, drugs, etc., district attorney to prosecute 8 

Alms-houses : 

contagious diseases in 29 

Animals : 

infectious diseases of 73 13 

Attorney-general : 

opinion on compensation of counsel to L. B 65 

opinion on power of L. B. to lay sewers or drains 69 

opinion of, on V. S. certificates 56 

Attorney, district. See District Attorney. 

Audit: 

of bills contracted by L. B 36 

Beer : 

adulterations of 8 

Births : 

registration of. See V. S. 

Blanks : 

for V. S. certificates 75-76 

Boarding-house. See Hotel. 

Bridegrooms : 

must sign and forward certificates of marriage to L. B.. . 55 



230 Index. 

Canals : 

affidavits required on nuisance of escaping water 5 

escaping water must cause sickness before S. B. can act. 5 
nuisance caused by, to be reported to the superintendent 

of public works 5 

escaping water may constitute nuisance 5 

Carriers, public : 

cannot receive dead without transit permits 3 

Cattle : 

authority to kill 9 7 

certificate given when killed 9 6 

disinfection after disease of 9 1 

examination of, for tuberculosis 9 

killing for tuberculosis 9 3 

may be marked for identification 9 5 

must be confined for examination 9 4 

owners must permit examination of 9 2 

payment for, when killed 9 7 

penalty of refusal by owners of, to obey orders of L. B. in 

case of tuberculosis 9 

quarantine of = 9 3 

S. B. rules for tuberculosis in 9 

tuberculosis of 9 

Cemeteries : 

care of 73*8 

Certificates : 

V. S 75 

See Blanks. 
Cesspools: 

regulations for 73 2 

Chemist, analytical: 

appointed by S. B. to examine food, drugs, etc 8 

Children: 

in school, must be vaccinated 28 

institutions for the care of, must submit monthly reports, 48 

reports by physician of, to L. B 13 

S. B. fixes forms of reports of 13 

medical officer of, must report contagious diseases at once. 48 

Cholera: 

directions for 74 

must be reported to S. B. by all L. B. at once 2 

precautions against ... . . 74 



Index. 231 

Citizens: 

complaints by, must be examined into by L. B 58 

duty of, in health, matters 51 

may complain to L. B 31 

Cleanliness : 

value of 54 

Clergymen: 

must sign and forward certificates of marriage .55-57 

Clothing: 

L. B. has power to destroy 34 

Contagious disease: 

destruction of articles after 43 

disinfection after 43 

duty of L. B 26 

duty of physicians 53 

epidemics of and proceedings in 66 

health officer is legal expert in diagnosis of 70 

in hotel or boarding-house 42 

in private family 42 

monthly reports of, can be paid for 44 

must be reported to L. B. by all physicians 40 

what diseases must be reported to S. B by all L. B's. ... 2 

what they are 40 

Committee: 

of L. B. can hear case only 23 

Complaints : 

action of L. H. 0. on 45 

must be examined into by L. B 58 

Council, common: 

cannot control L. B 72 

Counsel : 

compensation of 65 

may be employed by L. B 19-62 

County: 

may recover cost of abatement of nuisance, by suit only. 4 
See Municipality. 

Courts: 

L. B. must appeal to, if nuisances are not abated 60 

Sanger: 

sudden, in epidemics 66 



232 Index. 

Dead: 

certificate of death is necessary . 25 

certificate of death may be paid for by L. B 25 

certificate sigued by physician 73 n 

no charge for burial permit 25 

permit for burial necessary „ . 2~> 

public funerals forbidden 73 12 

transfer regulated by S. B 8 

transit permits accepted by other states 3 

transit permits necessary 3 

Deaths : 

registration of. See Vital Statistics. 
Diagnosis: 

L. H. O. is legal expert 70 

Diptheria : 

prevention of „ 74 

suppression of 74 

Disease, contagious : 

directions to prevent spread 74 

Diseases, infectious : 

in animals 73 13 

reports of 73 9 

Disinfection: 

after contagious disease 43 

after tuberculosis in cattle 9 7 

solutions for 74 

with chlorine 74 

with sulphur 74 

District attorney: 

must prosecute adulterations in food, drugs, etc 8 

Drainage : 

L. B. has power to regulate, of houses 71 

Drugs : 

adulteration to be prevented by S. B 8 

Emergency : 

proceedings in 66 

Experts: 

may be employed by L. B 19 

may be employed by S. B 4 



Index. 233 

Family : 

contagious disease in 42 

Food: 

improper articles of forbidden sale 49 

L. H. O. must seize improper articles of 49 

S. B. to prevent adulterations of 8 

unwholesome 73 7 

Forms, blank: 

of V. S. certificates 75 

See Blanks. 
Funeral : 

permit necessary 73 ] e 

Garbage : 

regulations of 73 4 

Governor: 

has power to order abatement of nuisance 4 

may order reports from S. B 4 

Glanders. See Horses. 

Guards: 

may be employed by L. B 19 

Health : 

reports on, may be required by governor 4 

special examinations of, by order of governor 4 

public, care of, is paramount 15 

Health officer, local : 

disinfects and destroys 43 

duties of, in contagious diseases 41 

duties prescribed by L. B 38 

duty toward nuisances 45 

is always on duty 46 

is a state officer 38-72 

is executive officer of L. B 18 

is expert on diagnosis of contagious disease 70 

is protected 70 

is sanitary adviser of L. B 18 

miscellaneous directions to 50-54 

must be a physician 38 

must pass civil service examination 38 

must report contagious diseases to S. B 44 

must report in writing to L. B 17-47 

must see L. B. orders carried out in contagious diseases. 42 

must seize improper articles of food 49 

must visit institutions for care of children 48 

of local board 16 



234 Index. 

Health officer, local — Continued: 

pay from the municipality 7 

powers of 73 19 

should be paid by salary 18 

when appointed by S. B 7 

See also Local Board. 

Health officer, port of New York : 

may certify land is required for quarantine 6 

Hotel : 

Guests must be warned of contagious disease in 42 

Horses : 

disinfection after glanders 10 

glanders in 10 

killed with glanders are paid for 10 

L. B. must kill horses with glanders 10 

rules for destruction of 10 

veterinary, to be employed by L. B. in cases of glanders. 10 

Hospitals : 

L. B. can remove patients to 27 

Immigrants : 

a menace to public health 15 

Indictment : 

separate for each nuisance 68 

Infection: 

persons or things must not be moved 73 u 

Insanitary- 
conditions; dangers of 54 

Inspectors 

of cattle for tuberculosis 9 

Land 

filled in or made 73 5 

may be acquired for sanitary purposes 6 

Liquors : 

manufacturers must supply samples to S. B 8 

penalty of refusal to supply 8 

Local boards of health : 

accounts of 36 

accounts passed by auditors of municipality 36 

action to abate nuisance 61 

all proceedings of, must be recorded 64 

appointment is obligatory 16 



Index. 235 

Local boards of health — Continued: 

brings suit to recover expense of abating nuisance 33 

compensations fixed by 36 

can administer oath to witnesses 23 

can employ counsel. 62 

can enter on property and abate nuisance 61 

can give judgment on nuisance by default 61 

can hear cases in committee 23 

can impose penalties for violation of rules 21 

can issue subpoenas 23 

can issue warrants 24 

can only act when health is in danger 32 

can place lien on property 63 

can proceed when maintainer of nuisance refuses to 

appear 61 

can regulate building of privy vaults 67 

cannot delegate its powers to a committee 23 

cannot levy fines 21 

eligibility of members 16 

executive officer of, must be a physician 16 

expenses paid by municipality 36 

expenses of work of, paid by municipality 33 

fixes compensation of counsel 65 

has control of water supply in its jurisdiction 30 

has especial control over tenement- houses 34 

has power to destroy clothing, woolen goods, etc 34 

has power to enter any premises 31 

has power to protect health if municipality refuses 37 

has quarantine power 26 

has right to abate nuisance 33 

have no responsibility for state lands 6 

how formed 16 

issues permits for burial 25 

jurisdiction confined to municipality 35 

legal proceedings of, not reviewable by courts 64 

limitations of, in proclaiming nuisances 68 

may abate nuisance maintained by municipality 69 

may apply to S. B. to guard water supply 30 

may employ persons and fix payment 19 

may order municipality to abate nuisance 69 

members are state officers 72 

members can sit with S. B 4 

members of town boards 16 

must abate nuisance under order of S. B 4 

must act at once in epidemic 66 

must appeal to court to enforce abatement of nuisance. . 60 

must appoint physician as health officer 38 

must consider nuisances separately 67 

must decide on committee's report 23 

must examine into complaints 31 



236 Index. 

Local boards of health — Continued: 

must forward V. S. certificates monthly 3 

must guard against contagious diseases 26 

must indict each nuisance separately 68 

must make complete register of V. S 25 

must publish all general rules made 20 

must purchase its own supplies 25 

must quarantine contagious diseases 27 

must report to S. B. contagious diseases at once 27 

must see V. S. certificates are signed 55 

must supply hospitals for contagious diseases 27 

must supply physician and medicine to the poor, when. . 42 

must supply vaccine virus 28 

must vaccinate school children 28 

must watch immigrants from infected centers 26 

officers of 16 

officers of, are protected ,. 70 

order of, may be reversed by S. B 2 

pays for articles destroyed 43 

power to guard against disease 15 

power to make necessary rules to preserve health 20 

power to regulate plumbing and drainage 71 

prescribes duties of local health officer and fixes compen- 
sation 18-38 

prescribes sanitary regulations of burials 25 

proceedings in presence of danger 66 

procedure to enforce abatement of nuisance 61 

reports on nuisances must be in writing 31 

rules should not be changed 20 

should trust to quarantine by other L. B's 26 

special meetings called by presiding officer 17 

special meetings called by S. B 17 

special meetings on petition of citizens 17 

special orders not published 22 

S. B. must approve vaccine virus used by „ 28 

stated time of meeting is necessary 17 

suggestions by S. B. for rules to be adopted by 73 

those L. B.'s exempt from supervision of S. B 2 

two or more may be combined 35 

under control of S. B 1 

vacancies in, must be filled in thirty days 16 

vacancies in, how filled 16 

when county judge can appoint member of 16 

when quarantine is necessary , 26 

will be upheld by courts 62 

See, also, Health Officer, Local. 

Magistrate: 

must sign certificate of marriage 55 



Lstdex. 237 

Maintainer of nuisance: 

can appear before L. B. by counsel . . . 61 

must be notified of hearing before L. B 59 

must plead or lose bis case by default 61 

See Nuisance. 

Markets : 

regulations of ." 73& 

Marriage: 

certificates signed by 55 

penalty for not signing certificates of 55 

registration of. See Vital Statistics. 

Municipality: 

L. B. can abate nuisance maintained by 69 

when subject to L. B 69 

Nuisance : 

blanks used 76 

cost of abatement recovered from maintainer by suit ... 4 

defined 58 

duty of L. H. 0. to 45 

each must be considered separately 67 

each must have separate indictment 68 

expense of abatement a lien on property 33 

.governor may order county to abate 4 

limitations of 68 

L. B. can act only when health is impaired by 58 

L. B. can enter on property to abate 61 

L. B. must proceed legally to enforce abatement 60 

maintainer of, has a right to copy of report on 31 

maintainer must pay cost of abatement 33 

maintainer to be notified and given time to abate 45 

may be examined by S. B 4 

may be investigated by order of governor 4 

measures to abate must be taken by L. B 4 

must be actual 68 

must be dangerous to health 32 

notice to abate; how made and served 59 

notice to abate may be posted 59 

order of governor to abate may be issued to maintainer. . 4 

procedure to enforce abatement 61 

when cost of abatement is paid by county 4 

written notice to abate required 33 

Ordinances : 

evidence, etc 228a 

Payment : 

for articles destroyed by L. H. 43 

of counsel to L. B 65 

opinion of attorney-general on, to counsel of L. B 65 



238 Index. 

Penalties: 

imposed by L. B 21 

must be collected by courts 21 

must be fixed sums 21 

Physicians : 

duty of, to L. B 5a 

must report contagious diseases 70 

must sign V. S. certificates 57 

Plumbing: 

L. B. has power to regulate 71 

Privies: 

rules for 73* 

Property: 

can be destroyed at once in epidemics 66 

can have lien placed on , by L. B 63 

Public health: 

law of, reasons for 15 

Quarantine: 

in contagious diseases 41 

land may be acquired for 6 

L. B. on infectious diseases 73 10 

power of L. B. to impose 26 

when necessary 26 

Records: 

charges for certified copies of 25 

of L. B. are presumptive evidence 64 

Regulations, sanitary: 

of L. B. See Rules. 
Reports: 

to L. B. from L. H. 47 

Rights: 

of persons must not interfere with those of others 58 

Rules: 

for L. B., suggested by S. B 73 

Scarlet fever: 

prevention of 74 

suppression of 74 

School trustees: 

duty to vaccinate children 28 



Index. 239 

Secretary of S. B.: 

is executive officer of S. B 1 

Sewers: 

when L. B. can make or repair 37 

regulations of 73 3 

Sextons : 

duties of 73 18 

Sheriff: 

must execute warrant of L. B 24 

Signatures; 

on V. S. certificates must be legible 75 

Slaughter-house : 

may be a nuisance 68 

regulations of 73 8 

Smallpox: 

must be reported to S B. by all L. Bs 2 

prevention of 73 

treatment of cases 73 

Spirits : 

ad ulteration of 8 

State board of health: 

can act as L. B. in a municipality 35 

can ask members of L. B. tc sit with it 4 

can certify for pay for monthly reports of contagious 

disease 44 

can protect water supply 11 

directions to prevent contagious diseases 74 

has supervision of land for sanitary purposes taken by 

state •. 6 

has power to appoint L. H. O 7 

has power to examine nuisances 4 

law creating 1 

L. B.'s exempt from supervision of 2 

may order abatements of nuisance caused by escaping 

water of canals 5 

may assume powers of L. B. if V. S. certificates are not 

forwarded 3 

may be required to report to governor 4 

may call special meetings of L. B 17 

may employ experts 4 

may reverse order of L. B 2 

meets every month 14 

members and officers of 1 



240 Index. 

State board of health — Continued: 

miscellaneous work of 14 

must prevent adulteration of food or drugs 8 

powers of, defined 1-2 

power of free entry 2 

power to prepare forms of V. S. certificates 56 

responsible for state lands 6 

right of entry in state buildings or lands 6 

rules of, for tuberculosis in cattle 9 

state acts through, in matters of health 6 

suggestions for rules to be adopted by L. B 73 

supervision over L. B. 's 2 

when created 1 

State : 

buildings of, open to S. B 6 

lands of, open to S. B 6 

Subpoenas 

from S. B. and L. B. are legal 2-23 

Susquehanna river 

protected from pollution 12 

Tenement (houses) : 

duties of owners 54 

especial control over by L . B 34 

L. H. O. limits number of persons in a room 34 

owners of, may be cited before L. B 34 

Testimony 

under oath before S B 2 

Time : 

A reasonable, must be given to abate nuisance 59 

Town. See Municipality. 

Trades, noxious: 

regulations of 73 6 

Tuberculosis : 

examination of cattle for 9 

S. B. rules for care of, in cattle „ 9 

in cattle. See Cattle. 

Typhus 

must be reported to S. B. by all L. B.'s 2 

Vaults : 

L. B. can forbid building of, when dangerous to health. 67 



Index. 241 

Vaccine virus . 

approved by S. B. and supplied by L. B 28 

Veterinary medicine and surgery 211 

Village. See Municipality. 

Vital statistics : 

attorney-general; opinion on certificates of 56 

average number certificates filed yearly 3 

blank forms for 3-75 

certificates of 52 

certificates, how filled 75 

certificates signed by 55 

certified copies original certificates are presumptive evi- 
dence 3 

cost of registration 25 

duties of clergymen, magistrates, parents, physicians 

and others 52 

forms and methods prescribed by S. B 3 

importance of 25 

in charge of S. B 3 

L. B. must forward certificates to S. B 3 

original certificates kept by S. B . . „ 3 

payment of registrar 25 

persons obliged to fill out certificates 25 

power of S. B. to prepare blanks 56 

reasons why clergymen and physicians should fill out 

certificates of 57 

registrars of, appointed by L. B 16 

registers to be kept by L. B 25 

registration of, by S. B , 3 

reports of 73 14 

reports of 73 15 

Wallkill creek: 

protected from pollution 12 

Warrants: 

issued by L. B 24 

Watchmen: 

may be employed by L. B 19 

Water — supply of : 

insanitary conditions of water-shed, how abated 11 

penalty of breaking rules for protection of 11 

publication of rules for protection of 11 

rules for protection of, made by S. B 11 

sewer system on water-shed maintained by owner of 

water supply 11 

water-shed may be inspected 11 



242 Index. 

Wine: 

adulterations of 8 

Witnesses : 

before L. B. cannot be examined on other than health 
matters 23 

Woollen goods : 

L. B. has power to destroy 34 

Yellow fever: 

must be reported to S. B. by all L. B's 2 



